ZANDIAN v. MARGOLIN (2022)

ORDER DISMISSING APPEAL

Respondent directly challenges the appealability of the enforcement order under any statute or rule. Appellant responds that the order is appealable as a special order after final judgment (SOAFJ) under NRAP 3A(b)(2). But, as appellant acknowledges, to be appealable as an SOAFJ, an order must “affect[ ] the rights of some party to the action, growing out of the judgment previously entered.” Gumm v. Mainor, 118 Nev. 912, 914, 59 P.3d 1220, 1221 (2002). Accordingly, post judgment orders that do not affect rights already incorporated in a judgment are not appealable as SOAFJs. Murray v. A Cab Taxi Serv. LLC, No. 81641, 2020 WL 6585946(Nev. November 9, 2020)(Order Dismissing Appeal). And here, Margolin's right to execute on his default judgment arises from the default judgment itself, not the subsequent enforcement order. Appellant having effectively conceded that no other statute or rule specifically provides for an appeal from the enforcement order, see Colton v. Murphy, 71 Nev. 71, 72, 279 P.2d 1036, 1036 (1955) (holding that a failure to challenge a point raised on appeal “constitutes a clear concession by appellants that there is merit in respondents’ position”), we therefore

ORDER this appeal DISMISSED.