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Gessin v. Ho

SUPREME COURT OF THE STATE OF NEVADA
May 20, 2013
No. 63117 (Nev. May. 20, 2013)

Opinion

No. 63117

05-20-2013

JOHN GESSIN, Appellant, v. CHRISTINA HO, Respondent.


An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order extending a temporary protection order against domestic violence for one year. Second Judicial District Court, Washoe County; Linda M. Gardner, Judge.

Our review of this appeal reveals a jurisdictional defect. This court has jurisdiction to consider an appeal only when the appeal is authorized by statute or court rule. See Taylor Constr. Co. v. Hilton Hotels Corp., 100 Nev. 207, 678 P.2d 1152 (1984). As no statute or court rule authorizes an appeal from the challenged order, it is not substantively appealable. See NRAP 3A(b) (listing orders and judgments from which an appeal may be taken); see generally In re Temporary Custody of Five Minor Children, 105 Nev. 441, 777 P.2d 901 (1989) (stating that no appeal may be taken from a temporary order subject to periodic mandatory review); Sugar man Iron & Metal Co. v. Morse Bros. Machinery & Supply Co., 50 Nev. 191, 255 P. 1010 (1927) (indicating that no appeal may be taken from a temporary restraining order). Because we lack jurisdiction to consider this appeal, we dismiss it. And in light of our order, we deny appellant's motion for a stay as moot.

It is so ORDERED.

__________, J.

Gibbons

__________, J.

Douglas

__________, J.

Saitta
cc: Hon. Linda M. Gardner, District Judge

John Gessin

Christina Ho

Washoe District Court Clerk


Summaries of

Gessin v. Ho

SUPREME COURT OF THE STATE OF NEVADA
May 20, 2013
No. 63117 (Nev. May. 20, 2013)
Case details for

Gessin v. Ho

Case Details

Full title:JOHN GESSIN, Appellant, v. CHRISTINA HO, Respondent.

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: May 20, 2013

Citations

No. 63117 (Nev. May. 20, 2013)