Rian Vs. U.S. Bank Nat'L Ass'N, Mtc Fin. Inc.
Rian Vs. U.S. Bank Nat'L Ass'N, Mtc Fin. Inc.
Opinion
IN THE SUPREME COURT OF THE STATE OF NEVADA
DIKKA RIAN, No. 81696 Appellant, vs. FILED U.S. BANK NATIONAL ASSOCIATION, MTC FINANCIAL INC., D/B/A DEC 2 3 2020 TRUSTEE CORPS, A NEVADA EL CLERK OF A. BROWN EME COUFCT CORPORATION, DY EPU CLERK Res • ondent.
ORDER DISMISSING APPEAL
This is an appeal from a district court order denying a motion for reconsideration of an order granting a motion to allow respondent to use a certified copy of the deed of trust during foreclosure mediation proceedings. Eighth Judicial District Court, Clark County; Linda Marie Bell, Judge. Initial review of the docketing statement revealed a potential jurisdictional defect. It appeared that the challenged order was not substantively appealable. Although appellant stated in the docketing statement that the order is appealable as a final judgment, see NRAP 3A(b)(1), the order did not appear to resolve any claims. It thus did not appear appealable as a final judgment. See Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (defining a final judgment as one that resolves all claims against all parties in an action and leaves nothing for the court's future consideration except post-judgment issues). Accordingly, this court ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. In response, appellant seems to contend that the order is an appealable final judgment because it resolves a substantive issue. SUPREME COURT OF NEVADA
105 190A 41110> Alternatively, appellant contends that the appeal should be treated as a petition for a writ of mandamus. The order denying the motion for reconsideration does not resolve appellant's petition for participation in the foreclosure mediation program. Thus, it does not resolve all claims in the case and is not appealable as a final judgment. And no other statute or court rule appears to authorize an appeal from the challenged order. 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). Accordingly, this court lacks jurisdiction and this appeal is dismissed. Appellanes alternative request to treat this appeal as a petition for a writ of mandamus is denied. Appellant may file a petition for a writ of mandamus in accordance with NRAP 21, if deemed warranted. It is so ORDERED.
/ A6 ,iett_ A , J. J. Hardesty Cadish
cc: Hon. Linda Marie Bell, Chief Judge John Walter Boyer, Settlement Judge Law Office of Corey B. Beck, P.C. Malcolm Cisneros\Las Vegas Eighth District Court Clerk
SUPREME COURT OF NEVADA
(0) 1947A aliND 2
Reference
- Status
- Published