Asti v. Asti

The district court held appellant in contempt and imposed a ten-day suspended jail sentence, ordered appellant to pay $300 per month until he satisfied the amount owed, and directed appellant to pay $2,286 in attorney fees. This appeal followed. Having reviewed the record and appellant's civil proper person appeal statement, we conclude that the order challenged in this matter is not appealable. 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). NRAP 3A(b)(8) allows an appeal to be taken from a special order entered after a final judgment. To be appealable as a special order after final judgment, the order must affect the rights of some party to the action growing out of the judgment. Gumm v. Mainor, 118 Nev. 912, 920, 59 P.3d 1220, 1225 (2002). Further, in the context of post-divorce proceedings, an order denying a motion to amend a divorce decree is appealable as a special order after final judgment, if "the motion is based upon changed factual or legal circumstances and the moving party is not attacking the original judgment." Burton v. Burton, 99 Nev. 698, 700, 669 P.2d 703, 705 (1983). Here, the district court's order merely enforced appellant's obligation under the divorce decree. Neither respondent's motion to enforce the divorce decree nor appellant's arguments in response to the motion were based on changed factual or legal circumstances. Rather, in opposing respondent's motion, appellant was simply attacking the original divorce decree. Therefore, we conclude that the district court's order is not appealable as a special order after final judgment under NRAP 3A(b)(8). Moreover, the portions of the district court's order imposing contempt and awarding attorney fees are also not appealable, and to the extent SUPREME COURT OF NEVADA 2 (0) 1947A appellant seeks to challenge them, he may do so through a petition for extraordinary relief. See Pengilly v. Rancho Santa Fe Homeowners, 116 Nev. 646, 649, 5 P.3d 569, 571 (2000) (recognizing that a contempt order is not appealable). Having concluded that we lack jurisdiction, we ORDER this appeal DISMISSED. Hardesty , J. Parraguirre cc: Hon. James E. Wilson, District Judge Alfred D. Asti Jennifer S. Anderson Carson City Clerk SUPREME COURT OF NEVADA 3 (0) 1947A