OPINION
ON MOTION TO DISMISS APPEAL
By the Court,
Appellant commenced the above action, which included two additional defendants, Las Vegas Sun, Inc., and Las Vegas Television, Inc., seeking damages for defamation of character. *229The two defendants, Las Vegas Sun, Inc., and Las Vegas Television, Inc., made a written demand for trial by jury, but later the action was dismissed as against them by stipulation of counsel for appellant. No other demand for a jury trial was made by any party. On May 5, 1966 the trial court, with plaintiff and the remaining defendants present, entered an order setting the matter for trial before a jury on September 14. On September 13 plaintiff posted the first day’s jury fees with the clerk. At the commencement of the trial on September 14, prior to the selection of the jury, the defendants made a motion that the matter be tried by the court only. The trial judge granted the motion and ordered the matter to be tried without a jury on the grounds that the jury fees were withdrawn by the defendants against whom the action had been dismissed; the plaintiff had not posted jury fees until the day prior to the trial; and further that defendants had been led to believe that there would be a trial before the court alone. The trial by the court was thereupon continued and notice of appeal filed. Defendants now move to dismiss the appeal in this court on the ground that an appeal does not lie under NRCP 72(b)1 from an order denying a jury trial.
We feel the motion is well taken and the appeal must be dismissed.
*230The order is not one designated by Rule 72 as an appealable order, nor is any other statute cited or known to us authorizing the appeal. “An aggrieved party does not have the right to appeal unless it is expressly granted by statute or rule. Esmeralda County v. Wildes, 36 Nev. 526, 137 P. 400; Quinn v. Quinn, 53 Nev. 67, 292 P. 621.” Alper v. Posin, 77 Nev. 328, 363 P.2d 502. “A final judgment in an action or proceeding is essentially one that disposes of the issues presented in the case, determines the cost, and leaves nothing for the future consideration of the court. Smith v. Smith, 69 Nev. 171, 243 P.2d 1048; Magee v. Whitacre, 60 Nev. 202, 96 P.2d 201, 106 P.2d 751; Nevada First National Bank of Tonopah v. Lamb, 51 Nev. 162, 271 P. 691.” Alper v. Posin, supra. Clearly the order denying the jury trial is neither final nor interlocutory from which an appeal will lie when subjected to these tests.
Accordingly, the order of dismissal must be entered. Brunzell Construction Co. Inc. of Nevada v. Harrah’s Club, 81 Nev. 414, 404 P.2d 902; Musso v. Triplett, 78 Nev. 355, 372 P.2d 687; Nevada Gaming Commission v. Byrens, 76 Nev. 374, 355 P.2d 176.
It is therefore ordered that the appeal is hereby dismissed.
Thompson, C. L, and Zenoff, L, concur.