IN THE SUPREME COURT OF THE STATE OF NEVADA

EQUITY TRUST COMPANY No. 70821 CUSTODIAN FBO MELISSA SCALERA IRA, vs. Appellant, FILED MIDFIRST BANK, FORM AND TYPE OF ENTITY UNKNOWN, A/KJA BANK MAR 1 4 2017 MIDFIRST, ELIZABETH .4 BROWN

=(4 CLF-RIC_OF SUPREME COURT Resoondent. By DEPUT Y \Ii‘

ORDER DISMISSING APPEAL This is an appeal from a district court order granting a motion to dismiss. Eighth Judicial District Court, Clark County; Kenneth C.

Cory, Judge.

Respondent filed a motion to dismiss this appeal for lack of jurisdiction. Appellant opposes the motion and respondent has filed a reply. In its motion, respondent contends that this court lacks jurisdiction over this appeal because appellant's claims• against Mission Point Condominium Homeowners Association remain pending below, and because the order appealed from was not certified as final pursuant to NRCP 54(b), no final judgment has been entered below. Appellant argues that Mission Point was never a party to the action below because it was never served with the complaint. Respondent disputes the claim of lack of service.

Due to the factual issue regarding service as to Mission Point, on January 25, 2017, this court entered an order deferring ruling on the motion to dismiss, and directing appellant to, within 30 days, conclusively demonstrate that this court has jurisdiction or otherwise obtain a final judgment from the district court.

SUPREME COURT OF NEVADA

(0) 1017A ce /7 -035 In its response to this court's order, appellant requests that this appeal be dismissed. Cause appearing, this appeal is dismissed.' It is so ORDERED. 2

J.

Stiglich

cc: Hon. Kenneth C. Cory, District Judge Janet Trost, Settlement Judge Joseph Y. Hong McCarthy & Holthus, LLP/Las Vegas Eighth District Court Clerk

'Respondent filed an opposition to appellant's response, arguing that the appeal should be dismissed as premature and not because it is moot, as indicated by appellant in its response. We take no position in this regard and dismiss this appeal solely based on appellant's voluntary request to dismiss this appeal.

2 Resporident's motion to dismiss is denied.

SUPREME COURT OF NEVADA

(0) 1947A e 2