In Re: El Capitan Precious Metals, Inc.

IN THE SUPREME COURT OF THE STATE OF NEVADA IN THE MATTER OF EL CAPITAN No. 82875 PRECIOUS METALS, INC. DANIEL GAINNO MARTINEZ. Appellant, HLED vS. DOUGLAS SANDERS, AUG 1 2 2021 Respondent. EUZABETH A. BROWN CLERK 0 SU EME COURT BY ORDER DISMISSING APPEAL This is a pro se appeal from a district court order granting a motion to strike various filings, including a motion for relief under NRCP 60. Our review of the record and other documents before this court reveals a jurisdictional defect. Only [a] party who is aggrieved by an appealable judgment or ordee has the right to appeal. NRAP 3A(a). A person is not considered a party within the meaning of NRAP 3A(a) unless he "has been named as a party of record in the trial court." Valley Bank of Nevada v. Ginsburg, 1.10 Nev. 440 448. 874 P.2d 729, 735 (1994). "[lit has been the consistent policy of this court to foster simplicity, clarity and certainty in our jurisdictional rules by refraining from ad hoc dispensations and exceptions that would allow persons or entities who were not parties of record to appeal. Gladys I3aker Olsen Family Tr. v. Olsen, 109 Nev, 838, 841, 858 P.2d 385, 387 (1993). Further, consistent with our limited appellate jurisdiction, this court construes the term "party" narrowly. For example, in Valley Bank of Nevada v. Ginsburg, this court dismissed an appeal brought by nonparty SUMP.% COURT OF NEVADA (0) 1447A -‘231170 •:.. shareholders seeking to challenge a settlernent agreement, even though they had appeared in the district court and objected to the proposed settlement. 110 Nev. at 448. 874 P.2d at We concluded that they were not parties with standing to appeal because "l. t. lhey never intervened and thus never became parties of record in the trial court." Id. Here, appellant was not a named party of record in the proceedings below. Nor did he seek to intervene. Therefore, appellant is not a party with standing to appeal. Accordingly, because this court lacks jurisdicti on, we ORDER this appeal DISMISSED.' , Hardesty Parraguirre cc: Hon. Carli Lynn Kierny, District Judge Daniel Gabino Martinez Leah Martin Law Eighth District Court Clerk 'In light of this order, we take no action regarding the letter filed by appellant on July 14, 2021. SUPREME COURT OF NEVADA 9 (0) 1947A AD. 6:4 4.4