Nevada Supreme Court, 2016

The Pella Grp. LLC v. Paris Las Vegas Operating Grp.

The Pella Grp. LLC v. Paris Las Vegas Operating Grp.
Nevada Supreme Court · Decided December 2, 2016

The Pella Grp. LLC v. Paris Las Vegas Operating Grp.

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

THE PELLA GROUP LLC, A GEORGIA No. 70627 LIMITED LIABILITY COMPANY; AND HEGEMON HOLDINGS LLC, A GEORGIA LIMITED LIABILITY COMPANY, FILED Appellants, DEC 0 2 2016 vs. ELIZABETH A. BROWN PARIS LAS VEGAS OPERATING By OcrPREME COURT COMPANY, A NEVADA CORPORATION, D/B/A PARIS LAS VEGAS, Respondent.

THE PELLA GROUP LLC, A GEORGIA LIMITED LIABILITY COMPANY; AND HEGEMON HOLDINGS LLC, A GEORGIA LIMITED LIABILITY COMPANY, Appellants, vs. PARIS LAS VEGAS OPERATING COMPANY, A NEVADA CORPORATION, D/B/A PARIS LAS VEGAS, Respondent.

ORDER Docket No. 70627 is an appeal from a findings of fact, conclusions of law, and judgment signed by a judge pro tempore after a short trial. On August 22, 2016, appellant filed an amended notice of appeal challenging a judgment in the same case signed by the district court judge. That notice of appeal was docketed as a new appeal, Docket No. 71127. Both of the challenged orders relate to the same short trial. It also appears that the order challenged in Docket No. 70627 is not SUPREME COURT OF NEVADA independently appealable because it is not signed by the district court judge. See NSTR 3(d)(4). Accordingly, it appears that the notice of appeal in Docket No. 70627 was premature and appellant properly filed an amended notice of appeal from the order signed by the district court. We thus direct the clerk of this court to (1) transfer to Docket No. 70627 the amended notice of appeal and other documents filed in Docket No. 71127, (2) refund the filing fee paid in Docket No. 71127, and (3) administratively close Docket No. 71127.

The opening brief and appendix remain due to be filed by January 3, 2017.

It is so ORDERED.

cc: Hon. James Crockett, District Judge Muckleroy Lunt, LLC Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas Eighth District Court Clerk

SUPREME COURT OF NEVADA

40) 1947A VIRMRInt $2,

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