Kokkos v. Tsalikis, 7548

Decision Date20 January 1975
Docket NumberNo. 7548,7548
Citation91 Nev. 24,530 P.2d 756
PartiesFotini KOKKOS, Appellant, v. Stephen TSALIKIS, Respondent.
CourtNevada Supreme Court
OPINION

PER CURIAM:

On June 18, 1973, a complaint was filed by Fotini Kokkos against Stephen Tsalikis, and on August 7, 1973, a default was entered against Stephen Tsalikis. Tsalikis on August 15, 1973, filed a motion to set aside default and on August 20, 1973, an order setting aside the default was entered. After a petition for review was granted and order setting aside entry of default again entered on October 12, 1973, Kokkos appealed the order setting aside entry of default.

An order setting aside entry of default is not an appealable order under NRAP 3A(b). 1 NRAP 3A(b) designates the judgments and orders from which an appeal may be taken and where no statutory authority to appeal is granted, no right exists. State v. Langan, 29 Nev. 459, 91 P. 737 (1907); Davis v. Davis, 66 Nev. 164, 207 P.2d 240 (1949).

Dismissed.

1 NRAP 3A(b) states, 'Appealable Determinations. An appeal may be taken: (1) From a final judgment in an action or proceeding commenced in the court in which the judgment is rendered.

(2) From an order granting or refusing a new trial, or granting or refusing to grant or dissolvign or refusing to dissolve an injunction, or appointing or refusing to appoint a receiver, or vacating or refusing to vacate an order appointing a receiver, or dissolving or refusing to dissolve an attachment, or changing or refusing to change the place of trial, and from any special order made after final judgment.

(3) From an interlocutory judgment, order or decree made or entered in actions to redeem real or personal property from a mortgage thereof or lien thereon, determining such right to redeem and directing an accounting, and from an interlocutory judgment in actions for partition which determines the rights and interests of the respective parties and directs partition, sale or division to be made.

(4) If an order granting or refusing to grant a motion to change the place of trial of an action or proceeding is not directly appealed from within thirty (30) days, there shall be no appeal therefrom on appeal from the judgment in the action or proceeding or otherwise, and on demand or motion of either party to an action or proceeding the court or judge making the order changing or refusing to change the place of...

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20 cases
  • Ford v. Showboat Operating Co.
    • United States
    • Nevada Supreme Court
    • 7 Julio 1994
    ...1024-25, 862 P.2d 423, 424 (1993); Taylor Constr. Co. v. Hilton Hotels, 100 Nev. 207, 209, 678 P.2d 1152, 1153 (1984); Kokkos v. Tsalikis, 91 Nev. 24, 530 P.2d 756 (1975). Further, NRAP 4(a)(1) provides that a notice of appeal must be filed within thirty days from the date of service of not......
  • Valley Bank of Nevada v. Ginsburg
    • United States
    • Nevada Supreme Court
    • 19 Mayo 1994
    ...Hilton Hotels, 100 Nev. 207, 209, 678 P.2d 1152, 1153 (1984) (no appeal from an order denying summary judgment); Kokkos v. Tsalikis, 91 Nev. 24, 25, 530 P.2d 756, 756-57 (1975) (no appeal from an order setting aside a default). We are aware of no statute or court rule that authorizes an app......
  • Burton v. Burton
    • United States
    • Nevada Supreme Court
    • 27 Septiembre 1983
    ...orders from which appeals may be taken in civil cases, and where no authority to appeal is granted, no right exists. Kokkos v. Tsalikis, 91 Nev. 24, 530 P.2d 756 (1975); Alper v. Posin, 77 Nev. 328, 363 P.2d 502 (1961). NRAP 3A(b) provides, in part, that an appeal may be taken "from any spe......
  • August H. v. State
    • United States
    • Nevada Supreme Court
    • 26 Julio 1989
    ...an appeal, no right to appeal exists. See Taylor Constr. Co. v. Hilton Hotels, 100 Nev. 207, 678 P.2d 1152 (1984); Kokkos v. Tsalikis, 91 Nev. 24, 530 P.2d 756 (1975). Finally, the periodic review by the district courts of orders placing minor children in temporary protective custody render......
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