Legal Opinion · Dissent

Dobson v. Dobson

Nevada Supreme Court

Decided May 13, 1992No. 21718Published

1DissentSteffen, J.

In my opinion, the order entered below is not appealable under our ruling in Jarstad v. National Farmers Union, 92 Nev. 380, 552 P.2d 49 (1976), and a long line of cases following Jarstad. I therefore respectfully dissent.

The majority concludes that the district court “effectively treated Cecile’s motion as one brought under NRCP 60(b)(3) and granted the appropriate relief.” Having thus created a fictional “bootstrap,” the majority declares that the district court’s order “declaring the divorce decree void is appealable.” Of course, the *350district court did no such thing. It specifically…

2Cases cited17 opinions

  1. Davis v. Eighth Judicial Dist. of State of Nev.Nevada Supreme Court · 1981
  2. Jarstad ex rel. Jarstad v. National Farmers Union Property & Casualty Co.Nevada Supreme Court · 1976
  3. Priest v. Second Judicial District Court of the State of NevadaNevada Supreme Court · 1988
  4. Shapiro v. PavlikowskiNevada Supreme Court · 1982
  5. Foster v. LewisNevada Supreme Court · 1962

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