Cambridge Hoa Vs. Appleton Props., Llc
Cambridge Hoa Vs. Appleton Props., Llc
Opinion
IN THE SUPREME COURT OF THE STATE OF NEVADA
CAMBRIDGE HOMEOWNERS No. 78478 ASSOCIATION, A DOMESTIC NON- PROFIT CORPORATION, Appellant, vs. FILE. APPLETON PROPERTIES, LLC, A LIMITED LIABILITY COMPANY, DEC 0 9 2319 Res ondent. ELIZABETH A. BROWN CLERK, SUPREME COURT ay • DEPUTY COW,
ORDER DISMISSING APPEAL
This is an appeal from a district court order, certified as final under NRCP 54(b), rendering judgment in an action relating to real property. Eighth Judicial District Court, Clark County; Jerry A. Wiese, Judge. This court previously directed appellant to show cause, by September 23, 2019, why this appeal should not be dismissed for lack of jurisdiction because it appeared that the notice of appeal was untimely filed.1 Appellant failed to file a response or otherwise communicate with this court. Accordingly, on October 15, 2019, this court entered an order directing appellant to file a response by October 29, 2019.2 This court cautioned that failure to respond or demonstrate that this court has jurisdiction could result in the dismissal of this appeal. To date, appellant has failed to file a response or otherwise communicate with this court.
1A copy of this order is attached.
2A copy of this order is attached. Under these circumstances, appellant fails to demonstrate that this court has jurisdiction. It also appears that appellant has abandoned this appeal. Accordingly, this court ORDERS this appeal DISMISSED.
J.
Parraguirre (76-11641 Cadish C?X, , J.
cc: Hon. Jerry A. Wiese, District Judge Ara H. Shirinian, Settlement Judge Robbins Law Firm Adams Law Group Brown Brown & Prernsrirut Eighth District Court Clerk
SUPREME COURT OF NEVADA
(0) I947A agax 2 11115. a MEE ' • US11'11IBM STATE OF NEVADA,
CAMBRIDGE HOMEOW1400:. ASSOCIATION, A DOME. NOÌ PROFIT CORPORATION„ ;- APpellank v. '- APPLETON PRQURTI,ES, tiMITED LIABOTY CpMPArit Rë ondent;
ORbEirt To
This is an appeal from a district court ,Order iendering judgment. in an action relatihg , . to real property. Initial review of the docieting. stateMent and documents before this court reveals a potential jurisdictional defect. It appears-the notice of appeal May pave been untimely filed. Appellant asserts the notice of appeal was timely filed after the' s January 23, 2019, order was certified as final under NRCP 54(b) on February 28, 2019. However, it appears from the district court docket sheet that the Janiiary 23, 2019, order was•first eelitified ae fmal on Felittiary.,:t, 2019. The Febfitsity 8 and February 28 ordeiiklippear identical. It thus aPPears.that the Pine to file the no4te of apPealbeganto tun '-upti4„ eetvice of notiCe•oNntry efthe Febriiiity 8, 019, Of4er. SeeNRAP 4(a)(1) cf Campvs-Gareid v. Jvhhsoni 130 Nev. 610, 331 PA518,04.',:(20,14)- - • district,court enters an appealable Order; but goes).on tO eit4(jUdgment regarding the sathe issue, the judgment is superfluous and cannot bei • appealed). Notice.-of entry of the Februe40143, 2019 order appearstelaye served on February 8, 2019. Accordingly, it appears that the notice of'
Sumba apPeal was due to be filed in the district court by Maieh 1_4, 2019. See NRAP OF • PlevADA
(0) 1947A 041/10 -show eau* isd ction RespOii ellant's respose xiây result in the disniii The ¿eacllin .yending further ()Wetof
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Appellant shall have 14 days from t tliia, ' 'Other' eiiise why t .. .eat, ,,Olio , .... 4. .not be dikiniiisect*:, ,. 4ria . Q 0 :‘ , Respondent may file ---- of, ifti %Ay-4W 34,:ctar._ '.-isit appella*Leli ., •.:-_.1_,. retporm* oft tore* 44- ."-Od _ rer, 0 .:0 t t as.goirt basj4c 'on may resuIuthe ..itinitf of thisappe , ,. _ _ ... _.„ Tlla . deadlines . suspended pending further ordtt s,. ,
so ORDEitga=
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Reference
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