Belssner Vs. Gittings

475 P.3d 61

• Court: Nevada Supreme Court
• Decided: November 9, 2020
• Docket: 81953
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

CHARLES N. BELSSNER, No. 81953 Appellant, vs. LINDEN GITTINGS, Respondent. FILE NOV 0 9 820 ELEZ 115 A. CLE BY - C ilEF F.

ORDER DISMISSING APPEAL

This is a pro se appeal from an order striking and dismissing appellant's successive complaints. Eighth Judicial District Court, Clark County; David M. Jones, Judge. Review of the documents submitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, the notice of appeal appears to be untimely filed under NRAP 4(a) because it appears that the district court has not entered a final written judgment adjudicating all the rights and liabilities of all the parties, and the district court did not certify its order as final pursuant to NRCP 54(b). 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 & Cas. Co., 95 Nev. 920, 605 P.2d 196 (1979). Specifically, according to the district court order appealed from and the docket entries, the court struck two successive "complaints," a short trial has been set for March 13, 2021, and a motion for summary judgment remains pending. Appellant may appeal from a final judgment adjudicating

1,0- 10,11 the claims of all parties. NRAP 4(a). This court lacks jurisdiction at this time and therefore ORDERS this appeal DISMISSED.1

J.

Stiglich

J. Silver

cc: Hon. David M. Jones, District Judge Charles N. Belssner Law Offices of Eric R. Larsen Eighth District Court Clerk

'Appellant's "Extension," filed November 6, 2020, is denied as moot. SUPREME COURT OF NEVADA

10) 1947A 4E4. 2