Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Frederick Omoyuma SILVER, Appellant. v. Candice Katie TOWNER, Respondent.
ORDER DISMISSING APPEAL
This is a pro se appeal from a series of district court orders and documents. Eighth Judicial District Court, Family Court Division, Clark County; T. Arthur Ritchie, Jr., Judge.
Our review of the documents submitted to this court pursuant to NRAP 3(g) reveals jurisdictional defects. First, most of the orders designated in the notice of appeal are not substantively appealable. See NRAP 3A(b). This court has jurisdiction to consider an appeal only when the appeal is authorized by statute or court rule. Taylor Constr. Co. v. Hilton Hotels, 100 Nev. 207, 678 P.2d 1152 (1984). No statute or court rule provides for an appeal from the following orders and documents:
1. Order After Hearing Certifying Intent to Grant Relief
2. Complaint for Custody
3. Affidavit in Support of Service
4. Default
5. Certificate of Service
6. Amended Certificate of Service
7. NRCP 16.2 Case Management Conference
8. Motion / Judicial Officer'; Ritchie, T. Arthur, Jr./Hearing Time 11:00 AM/Result Denied/ Comment: Defendant Frederick O Silver Motion to Dismiss Pursuant to Rule 12(B)(6) and Counterclaim and Cross- Claim Pursuant to Rule 13
9. Order After Hearing.
10. Notice of Entry of Order.
11. Return Hearing Judicial Officer Ritchie, T. Arthur, Jr. Result Decision Made/ Comment DNA TESTING/ Parties Present Plaintiff: Towner, Candice K, Attorney: Perry, Mary D.
12. Comment Order.
13. Comment Notice of Entry of Order.
14. Comment Decree of Child Custody.
15. Comment Decision and Order.
16. Comment Notice of Entry of Order.
17. Notice of Entry of Decree of Child Custody.
18. Comment Order After Hearing Certifying Intent to Grant Relief
19. Comment Notice of Entry of Order After Hearing
Second, although the Decree of Custody, notice of entry of which was served on November 28, 2018, appears to be substantively appealable, the notice of appeal was filed January 23, 2019, well after the expiration of the time frame set by NRAP 4(a)(1). An untimely notice of appeal fails to vest jurisdiction in this court. NRAP 26(c).
This court has reviewed the orders and entries listed in the notice of appeal and has concluded that no appeal lies from the documents on file with this court. Accordingly, this court
ORDERS this appeal DISMISSED.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 78005
Decided: February 26, 2019
Court: Supreme Court of Nevada.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)