Arnold v. the Hertz Corp.

• Court: Nevada Supreme Court
• Decided: November 9, 2017
• Docket: 74325
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

JESSICA ARNOLD, No. 74325 Appellant, vs. THE HERTZ CORPORATION; AND FILED JACOB DREY, Respondents. NOV 0 9 2017 ELIZABETH k BROWN CLERK OF SUPREME COURT BY elTYCLERU

ORDER DISMISSING APPEAL

This is a pro se appeal. Eighth Judicial District Court, Clark County; Rob Bare, Judge. Our review of the documents submitted to this court pursuant to NRAP 3(g) reveals certain jurisdictional defects. Specifically, appellant fails to identify any appealable order. The notice of appeal challenges the dismissal of the Hertz Corporation as a defendant but does not refer to any specific order. The district court's order granting Hertz's motion for summary judgment was filed and written notice of entry was served on November 18, 2016. Appellant filed the notice of appeal on October 18, 2017; well after the 30-day deadline mandated by NRAP 4. See NRAP

4(a)(1); NRAP 26(c). The order entered November 18, 2016, however, resolved only appellant's claims against Hertz, and was not certified pursuant to NRCP 54(b), and therefore is not a final appealable order. Lee v. GNLV Corp., 116 Nev. 424, 996 P.2d 416 (2000); KDI Sylvan Pools v. Workman, 107 Nev. 340, 810 P.2d 1217 (1991); Rae v. All American Life & Gas. Co., 95 Nev. 920, 605 P.2d 196 (1979). Appellant's claims against Jacob Drey remain pending

SUPREME COURT OF NEVADA

(0) 19474 /7-387(07 below. It appears, therefore, that the district court has not entered a final written judgment adjudicating all the rights and liabilities of all the parties. We conclude that we lack jurisdiction, and we ORDER this appeal DISMISSED.

4.411, 14 J. Douglas

Gibbons

Pickering

cc: Hon. Rob Bare, District Judge Jessica Arnold Ford, Walker, Haggerty & Behar/Las Vegas Lincoln, Gustafson & Cercos Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 (0) I947A

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