Dewolff v. State, Dep't of Employment SEC. Div.

Nevada Supreme Court

Dewolff v. State, Dep't of Employment SEC. Div.

DecidedFebruary 27, 2017

Docket72378

StatusUnpublished

This text of Dewolff v. State, Dep't of Employment SEC. Div. (Dewolff v. State, Dep't of Employment SEC. Div.) 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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Dewolff v. State, Dep't of Employment SEC. Div., (Neb. 2017).

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IN THE SUPREME COURT OF THE STATE OF NEVADA

CYNTHIA DEWOLFF, No. 72378 Appellant, vs. THE STATE OF NEVADA EMPLOYMENT SECURITY DIVISION; RENEE OLSON, IN HER CAPACITY AS FILED ADMINISTRATOR OF THE 2 7 2017 EMPLOYMENT SECURITY DIVISION; AND KATIE JOHNSON, IN HER CAPACITY AS CHAIRPERSON OF THE EMPLOYMENT SECURITY DIVISION BOARD OF REVIEW, Respondents.

ORDER DISMISSING APPEAL This is a pro se appeal from an order denying a petition for judicial review. Eighth Judicial District Court, Clark County; Eric Johnson, Judge. Our preliminary review of the docketing statement and the documents submitted to this court pursuant to NRAP 3(g) reveals a potential jurisdictional defect. Specifically, 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). The following claims or parties appear to remain below: appellant's claims against her employer, Interstate Security Services. Interstate Security Services was named as a party and served with process. Thus, it was a party to the district court proceedings. See Albert SUPREME COURT OF NEVADA

(01 1947A e)9 D. Massi, Ltd. v. Bellmyre, 111 Nev. 1520, 1521, 908 P.2d 705, 706 (1995). To be final, a judgment must resolve all claims as to all parties. See Lee v. GNLV Corp., 116 Nev. at 426, 996 P.2d at 417. We thus conclude that claims remain pending in the district court such that the challenged order is not appealable as a final judgment under NRAP 3A(b)(1). We therefore conclude that we lack jurisdiction, and we ORDER this appeal DISMISSED.'

/LA xtAlt„, J. ..c .24. ardesty

Parraguirre

Alis2sG^—° , J. Stiglich

cc: Hon. Eric Johnson, District Judge Cynthia DeWolff State of Nevada/DETR Eighth District Court Clerk

'Appellant may file a notice of appeal from any appealable order entered by the district court.

SUPREME COURT OF NEVADA

(0) 1947A e 2

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IN THE SUPREME COURT OF THE STATE OF NEVADA

CYNTHIA DEWOLFF, No. 72378 Appellant, vs. THE STATE OF NEVADA EMPLOYMENT SECURITY DIVISION; RENEE OLSON, IN HER CAPACITY AS FILED ADMINISTRATOR OF THE 2 7 2017 EMPLOYMENT SECURITY DIVISION; AND KATIE JOHNSON, IN HER CAPACITY AS CHAIRPERSON OF THE EMPLOYMENT SECURITY DIVISION BOARD OF REVIEW, Respondents.

ORDER DISMISSING APPEAL This is a pro se appeal from an order denying a petition for judicial review. Eighth Judicial District Court, Clark County; Eric Johnson, Judge. Our preliminary review of the docketing statement and the documents submitted to this court pursuant to NRAP 3(g) reveals a potential jurisdictional defect. Specifically, 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). The following claims or parties appear to remain below: appellant's claims against her employer, Interstate Security Services. Interstate Security Services was named as a party and served with process. Thus, it was a party to the district court proceedings. See Albert SUPREME COURT OF NEVADA

(01 1947A e)9 D. Massi, Ltd. v. Bellmyre, 111 Nev. 1520, 1521, 908 P.2d 705, 706 (1995). To be final, a judgment must resolve all claims as to all parties. See Lee v. GNLV Corp., 116 Nev. at 426, 996 P.2d at 417. We thus conclude that claims remain pending in the district court such that the challenged order is not appealable as a final judgment under NRAP 3A(b)(1). We therefore conclude that we lack jurisdiction, and we ORDER this appeal DISMISSED.'

/LA xtAlt„, J. ..c .24. ardesty

Parraguirre

Alis2sG^—° , J. Stiglich

cc: Hon. Eric Johnson, District Judge Cynthia DeWolff State of Nevada/DETR Eighth District Court Clerk

'Appellant may file a notice of appeal from any appealable order entered by the district court.

SUPREME COURT OF NEVADA

(0) 1947A e 2

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