LOMBARDO ON BEHALF OF LAS VEGAS METROPOLITAN POLICE DEPARTMENT v. FACIO (2022)

ORDER DISMISSING APPEAL

Respondent has moved to dismiss the appeal for lack of jurisdiction contending that there is no statute or court rule that provides for an appeal from an order remanding a defendant from the custody of the Nevada state Department of Corrections to the county detention center. Appellant Sheriff Joseph Lombardo, on behalf of the Las Vegas Metropolitan Police Department opposes the motion and argues that without this appeal, he will have no remedy to object to the transportation of respondent to his custody. 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 court rule or statute provides for an appeal from the challenged order.

This court acknowledges that Sheriff Lombardo recently filed a petition for an extraordinary writ in this court challenging the same order. In that petition Sheriff Lombardo argued that he had no adequate legal remedy thereby warranting an extraordinary remedy. This court exercised its discretion and declined to entertain the petition for extraordinary writ relief. Las Vegas Metro. Police Dep't v. Dist. Ct. (State), Docket No. 84459 (Order Denying Petition, April 1, 2022). This does not give the court jurisdiction over this direct appeal.

Accordingly, we grant the motion and

ORDER this appeal DISMISSED.