Deutsche Bank Nat'l Tr. Co. v. Vegas Prop. Serv.'s, Inc.

• Court: Nevada Supreme Court
• Decided: February 8, 2017
• Docket: 71410
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

DEUTSCHE BANK NATIONAL TRUST No. 71410 COMPANY, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-HE5, MORTGAGE PASS-THROUGH CERTIFICATES FILED SERIES 2006 HE-5, FEB 0 8 2017 Appellant, ELIZABETH A. BROWN CLERK kyPREME COURT vs. BY VEGAS PROPERTY SERVICES, INC., CaEPUT C

Respondent.

ORDER DISMISSING APPEAL This is an appeal from a district court summary judgment in an action to quiet title. Eighth Judicial District Court, Clark County; Kenneth C. Cory, Judge. When our initial review of this appeal revealed a potential jurisdictional defect, we directed appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Specifically, it appeared that the district court's order was not a final and appealable judgment because appellant's claim for tortious interference with contract, and respondent's third party complaint against Nadine McGaheny remained pending below, and the district court had not certified the order appealed from as final pursuant to NRCP 54(b). See NRAP 3A(b)(1); Lee v. GNLV Corp., 116 Nev. 424, 428 n.4, 996 P.2d 416, 418 n.4 (orders that dispose of fewer than all of the parties or claims in a case are not appealable, absent a finality certification under NRCP 54(b)); Rae v. All Am. Life & Gas. Co., 95 Nev. 920, 922, 605 P.2d 196, 197 (1979) ("[W]hen multiple parties are

SUPREME COURT OF NEVADA

(0 1947A (S1149 -04(2)7 involved in an action, a judgment is not final unless the rights and liabilities of all parties are adjudicated."). In response to this court's order, appellant states that this court has jurisdiction over this appeal because it is in the process of voluntarily dismissing the claim for tortious interference and that respondent is in the process of seeking a default judgment against Nadine McGaheny. A review of the district court's docket entries indicates that an order has been entered dismissing the tortious interference claim, however, it appears that the third party complaint against Nadine McGaheny remains pending. Thus, we lack jurisdiction over this appeal. Accordingly, we ORDER this appeal DISMISSED.

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cc: Hon. Kenneth C. Cory, District Judge John Walter Boyer, Settlement Judge Wright, Finlay & Zak, LLP/Las Vegas The Wright Law Group Eighth District Court Clerk

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