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DUPAIX LARSON ON BEHALF OF WIGGINTON v. MAESTES (2022)

Supreme Court of Nevada.2022-07-01No. No. 83560

Authorities cited

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Opinion

ORDER DISMISSING APPEAL

This courts review of the docketing statement and the documents submitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, it appears that the order is 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 Corp., 100 Nev. 207, 209, 678 P.2d 1152, 1153 (1984). Appellant states in her docketing statement that the district courts order is appealable under NRAP 3A(b)(3) as an order refusing to dissolve an injunction because it denied a request to extinguish a temporary restraining order. However, upon a review of the documents submitted to this court, it appears that appellant only sought extinguishment of the temporary restraining order as a consequence of the dismissal of respondents’ complaint. No statute or court rule provides for an appeal from an order denying a motion to dismiss. Accordingly, this court lacks jurisdiction and we

ORDER this appeal DISMISSED.