Trice v. Liberty Mut. Ins. Co.

IN THE SUPREME COURT OF THE STATE OF NEVADA

GERALDINE TRICE, No. 74847 Appellant, vs.

LIBERTY MUTUAL INSURANCE

COMPANY,

Respondent.

FILED MAR 2 8 2018 ELIZABETH A. BRO1AN CLERK OF SUPREME COURT DEPUTY CLERK

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order granting in part a motion to dismiss and allowing appellant 30 days to file a third amended complaint. Respondent has filed a motion to dismiss this appeal for lack of jurisdiction, asserting that the order challenged on appeal is not appealable as a final judgment.

We agree that the challenged order is not appealable as a final judgment under NRAP 3A(b)(1) because the order does not dismiss all of the causes of action in appellant's second amended complaint. see Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (defining a final judgment), and grants appellant leave to file a third amended complaint, see Bergenfield v. BAG Home Loans Servicing, 131 Nev., Adv. Op. 68, 354 P.3d 1282, 1284(2015) (IA] district court order dismissing a complaint with leave to amend is not final and appealable."). Because it appears that no other statute or court rule allows an appeal from the challenged order, see Brown v. MHC Stagecoach, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013) (this

SUPREME COURT

OF

NEVADA

101 1. 947A

IV-11983 - 17111- II I court may only consider appeals that are authorized by statute or court rule), we conclude that we lack jurisdiction and we ORDER this appeal DISMISSED.

1/40 Ad4" Parraguirre Stiglich cc: Hon. Mark R. Denton, District Judge

Geraldine Trice

Foran Glennon Palandech Ponzi & Rudloff, PC Eighth District Court Clerk

SUPREME COURT

OF

NEVADA

Of 1947A

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