Bush v. Automated Cash Sys.

Nevada Supreme Court

Bush v. Automated Cash Sys.

DecidedSeptember 19, 2017

Docket73865

StatusUnpublished

This text of Bush v. Automated Cash Sys. (Bush v. Automated Cash Sys.) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bush v. Automated Cash Sys., (Neb. 2017).

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IN THE SUPREME COURT OF THE STATE OF NEVADA

RONALD G. "RON" BUSH, AN No. 73865 INDIVIDUAL; TYCHE ACQUISITIONS GROUP, INC., A NEVADA CORPORATION; RENAISSANCE MASTERS, LLC, A NEVADA LIMITED LIABILITY COMPANY; CLASSIC FINE ART, LLC, A NEVADA LIMITED FILED LIABILITY COMPANY; AND TYCHE ART INTERNATIONAL, INC., A SEP 1 9 2017 ELIZABETH A. BROWN NEVADA CORPORATION, CLERK OF SUPREME COURT Appellants, BY DEPUTY CLERTC vs. AUTOMATED CASH SYSTEMS ("ACS"), A NEVADA CORPORATION; AUTOMATED CASHLESS SYSTEMS, A NEVADA CORPORATION; STEVEN B. CRYSTAL, INDIVIDUALLY, AND AS TRUSTEE OF THE BARBARA L. CRYSTAL DECEDENT TRUST, Respondents.

ORDER DISMISSING APPEAL This is an appeal from a district court order granting partial summary judgment in a business dispute. Second Judicial District Court, Washoe County; Connie J. Steinheimer, Judge. Our review of the documents on file in this matter reveals a jurisdictional defect. Specifically, the order being appealed is not a final judgment because respondents' claims against appellants have not been finally resolved, see NRAP 3A(b)(1); Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000), nor is the order otherwise appealable. NRAP 3A. Further, the challenged order does not appear amenable to NRCP 54(b) certification because no party has been completely removed from the action,

17-311057 see Taylor Constr. Co. v. Hilton Hotels, Corp., 100 Nev. 207, 209, 678 P.2d 1152, 1153 (1984), and indeed, the parties note that the district court denied a motion for such certification. Accordingly, we conclude that we lack jurisdiction and dismiss this appeal. See Brown v. MHC Stagecoach, 129 Nev. 343, 345, 301 P.3d 850, 853 (2013) (this court lacks jurisdiction where no statute or court rule authorizes an appeal). It is so ORDERED.'

Adeoit Cup J. Pickering

cc: Hon. Connie J. Steinheimer, District Judge David Wasick, Settlement Judge Johnson Law Practice, PLLC Picone & Defilippis, A P.L.C. Woodburn & Wedge Washoe District Court Clerk

'Appellants' motion to stay the underlying proceedings pending this appeal is denied as moot. SUPREME COURT OF NEVADA

2 (0) 1947A

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IN THE SUPREME COURT OF THE STATE OF NEVADA

RONALD G. "RON" BUSH, AN No. 73865 INDIVIDUAL; TYCHE ACQUISITIONS GROUP, INC., A NEVADA CORPORATION; RENAISSANCE MASTERS, LLC, A NEVADA LIMITED LIABILITY COMPANY; CLASSIC FINE ART, LLC, A NEVADA LIMITED FILED LIABILITY COMPANY; AND TYCHE ART INTERNATIONAL, INC., A SEP 1 9 2017 ELIZABETH A. BROWN NEVADA CORPORATION, CLERK OF SUPREME COURT Appellants, BY DEPUTY CLERTC vs. AUTOMATED CASH SYSTEMS ("ACS"), A NEVADA CORPORATION; AUTOMATED CASHLESS SYSTEMS, A NEVADA CORPORATION; STEVEN B. CRYSTAL, INDIVIDUALLY, AND AS TRUSTEE OF THE BARBARA L. CRYSTAL DECEDENT TRUST, Respondents.

ORDER DISMISSING APPEAL This is an appeal from a district court order granting partial summary judgment in a business dispute. Second Judicial District Court, Washoe County; Connie J. Steinheimer, Judge. Our review of the documents on file in this matter reveals a jurisdictional defect. Specifically, the order being appealed is not a final judgment because respondents' claims against appellants have not been finally resolved, see NRAP 3A(b)(1); Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000), nor is the order otherwise appealable. NRAP 3A. Further, the challenged order does not appear amenable to NRCP 54(b) certification because no party has been completely removed from the action,

17-311057 see Taylor Constr. Co. v. Hilton Hotels, Corp., 100 Nev. 207, 209, 678 P.2d 1152, 1153 (1984), and indeed, the parties note that the district court denied a motion for such certification. Accordingly, we conclude that we lack jurisdiction and dismiss this appeal. See Brown v. MHC Stagecoach, 129 Nev. 343, 345, 301 P.3d 850, 853 (2013) (this court lacks jurisdiction where no statute or court rule authorizes an appeal). It is so ORDERED.'

Adeoit Cup J. Pickering

cc: Hon. Connie J. Steinheimer, District Judge David Wasick, Settlement Judge Johnson Law Practice, PLLC Picone & Defilippis, A P.L.C. Woodburn & Wedge Washoe District Court Clerk

'Appellants' motion to stay the underlying proceedings pending this appeal is denied as moot. SUPREME COURT OF NEVADA

2 (0) 1947A

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