Summary
The Nevada Supreme Court dismissed an appeal from a district court order granting a temporary writ of restitution. The court held that no statute or court rule authorizes an appeal from such an order and that the order is not an injunction appealable under NRAP 3A(b)(3), while noting that writ relief may be available.
Topics
Practice areas
Questions Presented
- Whether a district court order granting a temporary writ of restitution is appealable under NRAP 3A(b)(3) as an injunction.
- Whether the Nevada Supreme Court had appellate jurisdiction over the appeal from the temporary writ of restitution.
Holdings
- Because no Nevada statute or court rule expressly authorizes an appeal from an order granting a temporary writ of restitution, the order is not appealable unless it falls within an expressly appealable category.
- An order granting a temporary writ of restitution is not equivalent to an injunction for purposes of appellate jurisdiction merely because it directs a sheriff or constable to act.
- Dismissal of the appeal is without prejudice to the appellant's ability to seek appropriate writ relief.
Key quotations
“The right to appeal is statutory; if no statute or court rule provides for an appeal, no right to appeal exists.” (at 1)
“The order granting a writ of restitution, while bearing some similarity to an injunction, does not command any party to act or refrain from acting on an ongoing basis to prevent irreparable harm or to undo a wrong, enforceable against that party by contempt.” (at 2)
“Accordingly, we decline to treat the order granting a writ of restitution as equivalent to an injunction for appeal purposes.” (at 3)
Factual background
The district court issued a temporary writ of restitution. Resnik argued that the order was an injunction because it directed a sheriff or constable to act. The Supreme Court concluded that the order did not direct a party's ongoing conduct in the manner of an injunction and was not subject to the procedural requirements governing injunctions.
Procedural history
The Eighth Judicial District Court for Clark County entered an order granting a temporary writ of restitution. Resnik appealed, arguing that the order was an injunction appealable under NRAP 3A(b)(3). Saticoy Bay moved to dismiss, and the Supreme Court of Nevada dismissed the appeal for lack of jurisdiction without prejudice to Resnik's ability to seek writ relief.