Horizons at Seven Hills v. Ikon Holdings

"arguably superfluous" judgment is not appealable, and NRAP 3A(b)(1) (final judgment) and (8) (special order after final judgment) allow for this appeal.

But we have repeatedly held that appealability does not depend on whether a written decision is labeled order or judgment but rather on what the decision does. Lee v. GNLV Corp., 116 Nev. 424, 427, 996 P.2d 416, 418 (2000) (citing NRCP 54(a) and several prior decisions). Here, both July orders were entered after the final judgment and awarded amounts to respondent for costs and attorney fees, and thus, they were appealable as special orders after final judgment. NRAP 3A(b)(8); Lee, Nev. at 426, 996 P.2d at 417. Additionally, in a recent opinion, this court confirmed that superfluous judgments, or ones that merely repeat the contents of previously entered orders, are not appealable. Campos- Garcia v. Johnson, 130 Nev. , P.3d (Adv. Op. No. 64, August 7, 2014). Here, the August 18 judgment merely repeated the contents of the July 3 and 23 orders. Accordingly, it was superfluous, and we lack jurisdiction over this appeal. Thus, we

ORDER this appeal DISMISSED.

Pitiem J. Pickering

, J Parragui

, J. Saitta SUPREME COURT

OF

NEVADA (0) 1947A eff, cc: Hon. Mark R. Denton, District Judge

Holland & Hart LLP/Las Vegas

Adams Law Group

Brown Brown & Premsrirut

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA (0) 1947A e