Ln Mgmt. LLC Ser. 2543 Citrus Garden v. Fed. Nat'l Mortg. Ass'n
Ln Mgmt. LLC Ser. 2543 Citrus Garden v. Fed. Nat'l Mortg. Ass'n
Opinion
IN THE SUPREME COURT OF THE STATE OF NEVADA
LN MANAGEMENT LLC SERIES 2543 I No. 77907 CITRUS GARDEN, vs. Appellant, FILE FEDERAL NATIONAL MORTGAGE JUN 0 3 2019 ASSOCIATION, ELIZADETin. BROWN _I Resoondent. CLERKOF SUIREME COURT DEPUTY CLERK ORDER DISMISSING APPEAL This is an appeal from findings of fact, conclusions of law, and judgment entered in a quiet title action. Eighth Judicial District Court, Clark County; Ronald J. Israel, Judge.
Initial review of the docketing statement indicated that the order challenged on appeal may not be appealable as a final judgment under NRAP 3A(b)(1) because it did not resolve all of appellant's requests for relief. See Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (defining a final judgment). Further, the certification of the order under NRCP 54(b) appeared either unnecessary or improper.
In response, appellant agrees that the district court order does not fully resolve its claims for relief. Thus, the order is not a final judgment.
The district court's NRCP 54(b) certification of finality is improper where the order does not remove any party from the litigation. See NRAP 54(b) (2005) and Drafter's Note-2004 Amendment. Accordingly, the order is not appealable under NRAP 3A(b)(1). Appellant's request that this court treat the order as final because the district court closed the case is denied. Cf. Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 301 P.3d 850 (2013) (a form order statistically closing a case is not a final judgment). As no other statute SUPREME COURT or court rule allows an appeal from the challenged order, id. at 345, 301 OF NEVADA / 6)- Z392/ KJ) 1947A a° P.3d at 851 (this court "may only consider appeals authorized by statute or court rule"), this court lacks jurisdiction and ORDERS this appeal DISMISSED)
Sa--t 4.11\ Hardesty • Stiglich Silver
cc: Hon. Ronald J. Israel, District Judge Janet Trost, Settlement Judge Kerry P. Faughnan Akerman LLP/Las Vegas Eighth District Court Clerk
'If aggrieved, appellant may file a new notice of appeal from any district court order finally resolving all claims asserted in the district court.
SUPREME COURT OF NEVADA
(0) I947A
Case-law data current through December 31, 2025. Source: CourtListener bulk data.