Dmvh, Llc v. Williams

• Court: Nevada Supreme Court
• Decided: October 6, 2022
• Docket: 84935
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

DMVH, LLC, A NEVADA LIMITED No. 84935 LIABILITY COMPANY; NORMAN PHAM, A/K/A NAM NGOC PHAM, A/K/A NORMAN NG, AN INDIVIDUAL, FILE AND IN HIS CAPACITY OF CO- TRUSTEE OF THE PHAM FAMILY OCT 06 2022 TRUST, ELIZA TH A. BROWN Appellants, C J< 0 SUPREME COURT

VS. TY CLERK GREGG WILLIAMS, COURT APPOINTED RECEIVER ACTING THROUGH TRIDENT PACIFIC REAL ESTATE GROUP, INC., Res s ondent.

ORDER DISMISSING APPEAL

This is an appeal from an order denying a petition to file a complaint against a receiver pursuant to NRS 32.325. Eighth Judicial

District Court, Clark County; Nadia Krall, Judge. Respondent has filed a motion to dismiss the appeal, arguing that this court lacks jurisdiction. Respondent argues that the challenged order is not a final judgment because final judgment was entered at the time the stipulation and confession of judgment between appellant DMVH, LLC, and the receiver was entered and the receivership was terminated, and because the order cannot be otherwise construed as a special order after final judgment because it does not "grow[11 out of the judgment previously entered." Gumm v. Mainor, 118 Nev. 912, 914, 59 P.3d 1220, 1221 (2002). Appellants have not filed an opposition. This court may construe the failure to oppose a motion as an admission that the motion is meritorious. See Foster v. Dingwall, 126 Nev. 56, 66, 227 P.3d 1042, 1049 (2010). Therefore,

SUPREME COURT OF NEVADA

(0) I947A 44224:73 this court concludes that it lacks jurisdiction. The motion to dismiss is granted, and this court ORDERS this appeal DISMISSED.

J. Hardesty

, J. Stiglich

J. Herndon

cc: Hon. Nadia Kra11, District Judge Persi J. Mishel, Settlement Judge Hurtik Law & Associates Armstrong Teasdale, LLP/Las Vegas Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 (0) 1447A