Nevada Supreme Court, 2020

The Bank Of New York Mellon Vs. Anthony S. Noonan Ira, Llc

The Bank Of New York Mellon Vs. Anthony S. Noonan Ira, Llc
Nevada Supreme Court · Decided December 3, 2020
The Bank Of New York Mellon Vs. Anthony S. Noonan Ira, Llc

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

THE BANK OF NEW YORK MELLON, No. 81457 F/K/A THE BANK OF NEW YORK AS

TRUSTEE FOR THE BENEFIT OF THE

CERTIFICATE HOLDERS OF THE

CWALT, INC., ALTERNATIVE LOAN

FILED TRUST 2007-12T1, MORTGAGE PASS DEC 0 3 2020 THROUGH CERTIFICATES, SERIES EL17.1,.!3ET •A. 2007-12T1, CLER r.• PkEur.7: COURT BY Appellant, DEPtIt Y CLERK vs.

ANTHONY S. NOONAN IRA, LLC; AND

LP FINANCIAL INC.,

Res • ondents.

ORDER DISMISSING APPEAL This is an appeal from a district court order granting a motion to dismiss and granting in part a motion to amend complaint and from an order denying a motion for reconsideration. Eighth Judicial District Court, Clark County; Joanna Kishner, Judge.

When initial review of the docketing statement and documents before this court revealed a potential jurisdictional defect, this court ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. In particular, it appeared that the district court had not entered a final judgment appealable under NRAP 3A(b)(1), see Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (defining a final judgment), and no other statute or court rule appeared to allow an appeal from the orders challenged on appeal, see Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013) (this court "may only consider appeals authorized by statute or court rule). In response, appellant agrees that this appeal is premature and requests that the appeal be dismissed for

3 7- • glik:—%sel..1glkatEagatL45-.1.klukth•e, lack of jurisdiction. Accordingly, this appeal is dismissed. If aggrieved, appellant may file a new notice of appeal once the district court enters an appealable order.

It is so ORDERED.

J.

Stiglich Silver cc: Hon. Joanna Kishner, District Judge Akerman LLP/Las Vegas

Shumway Van

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA

(Oi 1947A <40co. 2 ,•;•'

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