Nevada Supreme Court, 2013

South Strip Partnership Ii v. City National Bank C/W 60767

South Strip Partnership Ii v. City National Bank C/W 60767
Nevada Supreme Court · Decided June 17, 2013

South Strip Partnership Ii v. City National Bank C/W 60767

Opinion

judgment as final pursuant to NRCP 54(b). NRAP 3A(b)(1); NRAP 3A(b)(8); Lee v. GNLV Corp., 116 Nev. 424, 996 P.2d 416 (2000). The following appeared to remain pending below: respondent's claim for a deficiency judgment against appellant South Strip Partnership II. We noted that, while the district court's order awarded a judgment against the guarantor appellants, the judgment did not mention the borrower, South Strip Partnership II.

In its January 23, 2013, response to our show cause order, respondent City National Bank indicates that, while judgment was orally rendered against South Strip Partnership II, that entity's name was inadvertently omitted from the judgment. City National Bank asks this court to stay the appeal and/or remand the matter to the district court to correct the judgment. No certification or other indication of the district court's inclination to grant relief was attached. To date, appellants have not responded to our show cause order, and it appears that no further filings or proceedings have occurred in the district court. Accordingly, as no written judgment or other order formally disposing of the claims against South Strip Partnership II has been entered, no final judgment exists. Lee, 116 Nev. 424, 996 P.2d 416. Since no final judgment exists, the district court retains jurisdiction, and no remand is necessary. As we lack jurisdiction, we ORDER these appeals DISMISSED.

AAA , J.

Hardesty

J. 'arraguirre SUPREME COURT OF NEVADA 2 (0) 1947A

lijaZ cc: Hon. Douglas W. Herndon, District Judge Robert F. Saint-Aubin, Settlement Judge Ales & Bryson Holland & Hart LLP/Las Vegas Eighth District Court Clerk

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