TYLER VS TYLER (FAMILY)

Key holdings

Practitioner summary

The court raised appellate jurisdiction on its own review of the notice of appeal. Citing Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013), the court reiterated that it "may only consider appeals authorized by statute or court rule." Finding no statute or court rule authorizing an appeal from an order denying a motion to recuse a judge, the court held that it lacked jurisdiction and dismissed the appeal. The appellant's pending motion to transmit original JAVS recordings was denied as moot in light of the dismissal.

In plain language

Jefferson Tyler asked a Washoe County family court judge to step aside from his case (a process called "recusal"). The district court denied that request, and Mr. Tyler, representing himself, appealed that denial to the Nevada Supreme Court. The Supreme Court did not reach the merits of whether the judge should have stepped aside. Instead, it explained that it can only hear appeals that a statute or court rule specifically allows. Because no Nevada statute or court rule permits an appeal from an order denying a motion to recuse a judge, the Supreme Court concluded it had no jurisdiction (no legal authority) to consider the appeal and dismissed it. The court also denied Mr. Tyler's related motion to transmit original JAVS (courtroom audio/video) recordings, given the dismissal.