Opinion
86938
11-17-2023
IN THE MATTER OF: A. ST. A. v. CLARK COUNTY DEPARTMENT OF FAMILY SERVICES; A.S.A.; L.S.A.; AND TAMARA G.-S.A Respondents. AUNDREA G., Appellant,
UNPUBLISHED OPINION
ORDER DISMISSING APPEAL
Cadish, J.
This is an appeal from a district court placement decision regarding a minor child, issued in NRS Chapter 432B proceedings. Eighth Judicial District Court, Clark County; Cynthia N. Giuliani, Judge.
Respondent Clark County Department of Family Services (CCDFS) has filed a motion to dismiss this appeal for lack of jurisdiction. CCDFS contends this appeal should he dismissed because placement orders issued pursuant to NRS Chapter 432B are not appealable. See Clark County Dist. Attorney., Juv. Div. v. Eighth Judicial Dist, Court, 123 Nev. 337, 342, 167 P.3d 922, 925 (2007) (recognizing that a district court placement order issued pursuant to NRS Chapter 432B is not appealable). Respondent A.S.A. joins the motion, appellant has filed an opposition, and A.S.A. has replied.
This court "may only consider appeals authorized by statute or court rule." Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013). No statute or court rule authorizes an appeal from a district court placement order entered pursuant to NRS Chapter 432B proceedings. Clark County, 123 Nev. at 342, 167 P.3d at 925; see also NRAP 3A(b)(7) (allowing appeals from final custody orders entered in proceedings that did not arise in a juvenile court). Contrary to appellant's assertion, the challenged order is not appealable as an "effective final judgment." See Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (defining a final judgment). Accordingly, CCDFS's motion is granted and this court
Appellant's alternative request for leave to file a petition for a writ of mandamus is denied as unnecessary. No leave of court is required to file a writ petition in this court.
Pickering, J., Bell, J.
Hon. Cynthia N. Giuliani, District Judge
Carolyn Worrell, Settlement Judge