a hearing, which was followed up with a post-decree motion to modify the
award.
Regardless of the pre-decree child support determination,
however, the inclusion of the above quoted language in the divorce decree
indicates that, at the time of the decree's entry, the issue of child support
was not finally determined See generally Valley Bank of Nev. v. Ginsburg,
110 Nev. 440, 446, 874 P.2d 729, 733 (1994) (noting that until a final
judgment is entered an interlocutory order may be reconsidered or
modified). And while our show cause order noted that appellant could
cure any jurisdictional defect created by this pending child support issue
by providing this court with a copy of a district court order resolving that
issue, appellant failed to provide any such order or otherwise assert that
this issue has been resolved or addressed by the district court.
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). Under NRAP
3A(b)(1), an appeal may be taken from a final judgment in a proceeding
commenced in the district court. In a divorce proceeding such as the one
presented here, the final judgment is one that finally resolves all issues
pertaining to the dissolution of the parties' marriage, including issues
pertaining to child support. See Lee v. GNLV Corp., 116 Nev. 424, 426,
996 P.2d 416, 417 (2000) (recognizing that "a final judgment is one that
disposes of all the issues presented in the case, and leaves nothing for the
future consideration of the court, except for post-judgment issues such as
attorney's fees and costs"). Here, because the issue of child support
remains pending below, no final judgment had been entered in the
underlying case. Id. As a result, this court lacks jurisdiction to consider
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this appeal, and we therefore, order the appeal dismissed. Once the child
support issue is resolved and a final judgment is entered in the underlying
matter, any aggrieved party may appeal from that judgment.
It is so ORDERED.
, J.
Hardesty
Douglas
cc: Hon. Robert Teuton, District Judge, Family Court Division
Carolyn Worrell, Settlement Judge
Aaron Grigsby
Michelle Lourdes Lewis
Eighth District Court Clerk
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Lewis v. Lewis
Combined Opinion