Pnc Mortg. v. Reiplinger
Pnc Mortg. v. Reiplinger
Opinion
that because the district court sanctioned it by ordering it to pay respondents' attorney fees and costs and a final judgment need not include a post-judgment award of fees and costs, the failure to include the amount of fees and costs awarded does not defeat finality here. We disagree.
Respondents' sole claim in the petition for judicial review was for sanctions against appellant for its failure to mediate in good faith and comply with the statutory requirements for mediation. The district court's order sanctions appellant by ordering it to pay respondents' attorney fees and costs and directs respondents to file an affidavit of attorney fees and memorandum of costs within 10 days. Under these circumstances, the award of attorney fees and costs is part of the substance of the district court's order rather than a post-judgment award. While respondents have filed an affidavit of attorney fees and a memorandum of costs, the district court has not yet entered an order determining the amount of attorney fees and costs. Thus, the amount of the sanction has not yet been determined with finality and we lack jurisdiction over this appeal. See NRAP 3A(b)(1); Lee v. GNLV Corp., 116 Nev. 424, 996 P.2d 416 (2000) Accordingly, we ORDER this appeal DISMISSED.
SUPREME COURT OF NEVADA
(0) 1947A 44044) cc: Hon. Kathleen E. Delaney, District Judge Thomas J. Tanksley, Settlement Judge Ballard Spahr, LLP Del Grosso Law, Ltd. Eighth District Court Clerk
SUPREME COURT OF NEVADA
(0) 1947A me
Case-law data current through December 31, 2025. Source: CourtListener bulk data.