Ditech Fin. LLC v. Sfr Inv.'s Pool 1, LLC

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

DITECH FINANCIAL LLC, F/K/A No. 70526 GREEN TREE SERVICING, LLC, A FOREIGN LIMITED LIABILITY COMPANY,

Appellant,

vs.

SFR INVESTMENTS POOL 1, LLC, A SLE D

DOMESTIC LIMITED-LIABILITY OCT 6 3 2016 COMPANY,

TRACIE K. LINDEMAN CLERK OF SUPREME COURT BY

DEPUTY CLERK

ORDER DISMISSING APPEAL

This is an appeal from a district court order granting a motion for summary judgment. Second Judicial District Court, Washoe County; Scott N. Freeman, Judge.

When our initial review of the docketing statement and other documents before this court revealed potential jurisdictional defects, we directed appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Specifically, it appeared that, among other things, the district court had not yet entered a final order appealable under NRAP 3A(b)(1) because claims remained pending in the district court. See Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 418 (2000).

In response to our order, appellant concedes that the interpleader claim has not yet been resolved by the district court. Accordingly, we conclude that the notice of appeal was prematurely filed before entry of a final judgment resolving all of the claims in the district SUPREME COURT OF NEVADA

(0) 1947A Ce -30(0.2.2 court, and we lack jurisdiction over this appeal. See id.; Moran v. Bonneville Square Assoe.s, 117 Nev. 525, 530, 25 P.3d 898, 901 (2001); NRAP 3A(b)(1). We thus

ORDER this appeal DISMISSED.

J.

Cherry

J.

Douglas

Gibbons

SereL

cc: Hon. Scott N. Freeman, District Judge Brooks Hubley LLP Kim Gilbert Ebron Washoe District Court Clerk

SUPREME COURT OF NEVADA

2

(0) 1947A