Downtown Grand Hotel & Casino v. Swayne

• Court: Nevada Supreme Court
• Decided: July 9, 2018
• Docket: 74708
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

DOWNTOWN GRAND HOTEL & No. 74708 CASINO; AND NELSON DAVISON ADMINISTRATORS, INC., Appellants, FILED vs. QUENZELL SWAYNE, JUL US 2018 Respondent. ELIZABETH A. BROWN CLERK QF SUPREME COURT

ORDER DISMISSING APPEAL BY ia rY C""& CLERI -

This is an appeal from a district court order remanding to an appeals officer in a workers' compensation matter. Eighth Judicial District Court, Clark County; Joanna Kishner, Judge. Our preliminary review of the docketing statement and documents before this court revealed a potential jurisdictional defect. It appeared that the challenged order was not appealable because orders remanding to an administrative agency are not generally appealable unless the order is a final judgment. See Ayala v. Caesars Palace, 119 Nev. 232, 235, 71 P.3d 490, 492 (2003), overruled on other grounds by Five Star Capital Corp. v. Ruby, 124 Nev. 1048, 194 P.3d 709 (2008); State, Taxicab Auth. v. Greenspun, 109 Nev. 1022, 1024-25, 862 P.2d 423, 424-25 (1993). Accordingly, we ordered appellant, by May 11, 2018, to show cause why this appeal should not be dismissed for lack of jurisdiction. We cautioned that failure to demonstrate that this court has jurisdiction could result in the dismissal of the appeal. To date, appellant has not filed a response or otherwise communicated with this court. Accordingly, appellant fails to demonstrate that this court has jurisdiction, see Moran v. Bonneville Square Assocs., 117 Nev. 525, 527,25 P.3d 898, 899 (2001) (stating that "the burden rests squarely upon the shoulders of a party seeking to invoke our SUPREME COURT OF NEVADA

(0) t947A Ig 2,57 It., ci t' f jurisdiction to establish, to our satisfaction, that this court does in fact have jurisdiction"), and we ORDER this appeal DISMISSED.

Piefteuths J. Pickering

Gibb ors

, J. Hardesty

cc: Hon. Joanna Kishner, District Judge Carolyn Worrell, Settlement Judge Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas Nevada Attorney for Injured Workers/Carson City Nevada Attorney for Injured Workers/Las Vegas Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 i.0) 1947A

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