Collegium Fund Llc Ser. 27 Vs. The Bank Of New York Mellon

Nevada Supreme Court

Collegium Fund Llc Ser. 27 Vs. The Bank Of New York Mellon

DecidedNovember 8, 2019

Docket77026

StatusPublished

This text of Collegium Fund Llc Ser. 27 Vs. The Bank Of New York Mellon (Collegium Fund Llc Ser. 27 Vs. The Bank Of New York Mellon) 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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Collegium Fund Llc Ser. 27 Vs. The Bank Of New York Mellon, (Neb. 2019).

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IN THE SUPREME COURT OF THE STATE OF NEVADA

COLLEGIUM FUND LLC SERIES 27, A No. 77026 NEVADA LIMITED LIABILITY COMPANY, Appellant, vs. THE BANK OF NEW YORK MELLON, F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-0A16, MORTGAGE PASS- THROUGH CERTIFICATES, Res • ondent.

ORDER DISMISSING APPEAL

This is an appeal from a district court order entered in a quiet title action. Eighth Judicial District Court, Clark County; Richard Scotti, Judge. This court's initial review of the docketing statement revealed a potential jurisdictional defect. It appeared that the challenged order was not appealable as a final judgment under NRAP 3A(b)(1) because the parties unjust enrichment claims against each other remained pending in the district court. See Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (defining a final judgment). Accordingly, this court ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. In response, appellant agrees that the unjust enrichment claims remain pending and asks that this matter be remanded to the district court for further findings. As it appears the district court has not yet entered a final judgment appealable under NRAP 3A(b)(1), and no other statute or court

14 - q50(cz rule appears to authorize an appeal from the challenged order, this court lacks jurisdiction. See Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013) (this court "may only consider appeals authorized by statute or court rule). Accordingly, this court ORDERS this appeal DISMISSED.1

Parraguirre C‘ aik6"%f177 Cadish C4arA, , J.

cc: Hon. Richard Scotti, District Judge Janet Trost, Settlement Judge Clark Newberry Law Firm Akerman LLP/Las Vegas Eighth District Court Clerk

1Any aggrieved party may file a new notice of appeal once the district

SUPREME COURT court enters a final judgment. OF NEVADA

(0) 1947A 2

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IN THE SUPREME COURT OF THE STATE OF NEVADA

COLLEGIUM FUND LLC SERIES 27, A No. 77026 NEVADA LIMITED LIABILITY COMPANY, Appellant, vs. THE BANK OF NEW YORK MELLON, F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-0A16, MORTGAGE PASS- THROUGH CERTIFICATES, Res • ondent.

ORDER DISMISSING APPEAL

This is an appeal from a district court order entered in a quiet title action. Eighth Judicial District Court, Clark County; Richard Scotti, Judge. This court's initial review of the docketing statement revealed a potential jurisdictional defect. It appeared that the challenged order was not appealable as a final judgment under NRAP 3A(b)(1) because the parties unjust enrichment claims against each other remained pending in the district court. See Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (defining a final judgment). Accordingly, this court ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. In response, appellant agrees that the unjust enrichment claims remain pending and asks that this matter be remanded to the district court for further findings. As it appears the district court has not yet entered a final judgment appealable under NRAP 3A(b)(1), and no other statute or court

14 - q50(cz rule appears to authorize an appeal from the challenged order, this court lacks jurisdiction. See Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013) (this court "may only consider appeals authorized by statute or court rule). Accordingly, this court ORDERS this appeal DISMISSED.1

Parraguirre C‘ aik6"%f177 Cadish C4arA, , J.

cc: Hon. Richard Scotti, District Judge Janet Trost, Settlement Judge Clark Newberry Law Firm Akerman LLP/Las Vegas Eighth District Court Clerk

1Any aggrieved party may file a new notice of appeal once the district

SUPREME COURT court enters a final judgment. OF NEVADA

(0) 1947A 2

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