Bayer, Jr. Vs. Nationstar Mortg. Llc

469 P.3d 187

• Court: Nevada Supreme Court
• Decided: August 14, 2020
• Docket: 81479
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

ARTHUR J. BAYER, JR., No. 81479 INDIVIDUALLY; AND ARTHUR J. BAYER, JR., AS TRUSTEE OF THE BAYER FAMILY REVOCABLE LIVING TRUST, FfiLED Appellants, . AUG 1 it 2020 vs. NATIONSTAR MORTGAGE LLC, D/B/A BROWN E CO

MR. COOPER; WELLS FARGO BANK, BY CLERK N.A.; AND AFFINIA DEFAULT SERVICE, LLC, Respondents.

ORDER DISMISSING APPEAL

This is an appeal from a district court order denying an application for default. Second Judicial District Court, Washoe County; Kathleen M. Drakulich, Judge. Respondent Nationstar Mortgage, LLC, has filed a motion to dismiss this appeal for lack of jurisdiction. The motion is joined by respondent Affinia Default Service, LLC. Nationstar asserts that the challenged order is not appealable as a final judgment under NRAP 3A(b)(1). Appellants oppose the motion, arguing that the order is final as to the dismissal of Wells Fargo Bank. Nationstar has replied. This court "may only consider appeals authorized by statute or court rule." Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013). The challenged order is not appealable as a final judgment

1Appellants also argue that Nationstar lacks authority to file a motion to dismiss this appeal. As a respondent to this appeal, Nationstar may properly file a motion to dismiss. SUPREME COURT OF NEVADA

(0) ISt471.. as) - 3013' 3 under NRAP 3A(b)(1) because it does not finally resolve all claims as to all parties in the underlying district court action. See Lee v. GNLV Corp., 116 Nev, 424, 426, 996 P.2d 416, 417 (2000) (defining a final judgment). FMR 24 does not authorize an appeal from an interlocutory order such as the one challenged here. To the extent appellants contend that the appeal is authorized by FMR 12 or NRCP 19, this contention lacks merit. As no statute or court authorizes this appeal from the challenged order, this court lacks jurisdiction. The motion to dismiss is granted, and this court ORDERS this appeal DISMISSED.

Gibbons

Stiglich Silver

cc: Hon. Kathleen M. Drakulich, District Judge Arthur J. Bayer, Jr. Akerrnan LLP/Las Vegas McCalla Raymer Leibert Pierce, LLP Buckley Madole, P.C. Washoe District Court Clerk

SUPREME COURT OF NEVADA

40) I947A 2