Nevada Supreme Court, 2017

Dhi Mortg. Co., Ltd. v. Betsinger

Dhi Mortg. Co., Ltd. v. Betsinger
Nevada Supreme Court · Decided January 19, 2017

Dhi Mortg. Co., Ltd. v. Betsinger

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

DHI MORTGAGE COMPANY, LTD., A No. 69785 TEXAS LIMITED PARTNERSHIP, Appellant, vs. STEVEN M. BETSINGER, Respondent.

FILED JAN 1 9 2017 ELIZABETH A. BROWN CLERKF SUPREME COURT BY DEPIrfnaticI ER

ORDER DISMISSING APPEAL This is an appeal from an order granting in part and denying in part, appellant's motion for attorney fees and costs, and an order denying appellant's motion to alter or amend the order. Eighth Judicial District Court, Clark County; Kathleen E. Delaney, Judge.

Respondent has filed a motion to dismiss the appeal on the ground that the order awarding fees and costs is not ripe for appeal because no final, appealable judgment has been entered, and an order denying a motion to alter or amend an order is not appealable. Appellant opposes the motion but concedes that no final judgment has yet been entered on the issue of punitive damages.

Having considered the motion, response and reply, we grant the motion to dismiss. The district court has not entered an appealable final judgment following the retrial on punitive damages, and thus, the appeal from the costs award is premature. NRAP 3A(b)(8); Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (explaining that a final SUPREME COURT OF NEVADA

(0) 1947A e / 7- 020(0 7 judgment resolves all of the parties' rights and liabilities, leaving nothing for the future consideration of the court). Accordingly, we ORDER this appeal DISMISSED.

J.

J.

cc: Hon. Kathleen E. Delaney, District Judge McDonald Carano Wilson LLP/Reno McDonald Carano Wilson LLP/Las Vegas Feldman Graf Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) 1947A sem

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