Bourne Valley Ct. Trust v. U.S. Bank National Ass'n.

• Court: Nevada Supreme Court
• Decided: January 7, 2015
• Docket: 66135
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

BOURNE VALLEY COURT TRUST, No. 66135 Appellant, vs. Fi' U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE CERTIFICATE JAN 0 7 2 HOLDERS OF STRUCTURED ASSET MORTGAGE INVESTMENTS INC. BEAR STEARNS ALT-A TRUST, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-3, Respondent.

ORDER GRANTING MOTION FOR REMAND AND DISMISSING APPEAL

Appellant has filed a motion to remand this matter to the district court pursuant to Huneycutt v. Huneycutt, 94 Nev. 79, 575 P.2d 585 (1978); see also Foster v. Dingwall, 126 Nev. 49, 228 P.3d 453 (2010). The motion is accompanied by an order of the district court certifying that upon remand it will vacate its prior order granting the motion for judgment on the pleadings and enter an order denying that motion. Cause appearing, we grant the motion. Accordingly, we remand this matter to the district court pursuant to its certification, and we order this appeal dismissed. This dismissal is without prejudice to appellant's right to file a motion to reinstate this appeal should the district court decline to grant the relief requested.' Any such motion to

"We note that any aggrieved party may file a notice of appeal from any appealable order entered at the completion of the district court proceedings. See NRAP 3A. reinstate this appeal shall be filed within 60 days of the district court's order declining to grant the requested relief. It is so ORDERED.

J.

Cherry

cc: Hon. Carolyn Ellsworth, District Judge Law Offices of Michael F. Bohn, Ltd. Wright, Finlay & Zak, LLP/Las Vegas Eighth District Court Clerk