Engel Vs. Boulder City

• Court: Nevada Supreme Court
• Decided: September 10, 2019
• Docket: 78334
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

THOMAS ENGEL, No. 78334 Appellant, vs. BOULDER CITY; PUBLIC AGENCY F COMPENSATION TRUST; AND ALTERNATIVE SERVICE CONCEPTS, SE 2619 LLC, VROIN -4 ";.r.E Resi ondents.

ORDER DISMISSING APPEAL

This is an appeal from an order granting a petition for judicial review and reversing and remanding to the appeals officer for further substantive proceedings. Eighth Judicial District Court, Clark County; Joanna Kishner, Judge. This district court remanded the case to the appeals officer with directions to permit respondents to take an additional deposition and then to reevaluate the case. Because an order of remand is normally not appealable as a final judgment, this court entered an order directing appellant to show cause why the appeal should not be dismissed as premature. See, e.g., Wells Fargo Bank, N.A. v. OBrien, 129 Nev. 679, 310 P.3d 581 (2013); Ayala v. Caesars Palace, 119 Nev. 232, 71 P.3d 490 (2003); Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P .2d 416, 417 (2000) (clarifying that a final judgment disposes of all the issues presented in the case, leaving nothing for the future consideration of the court, except for certain post- judgment issues). Appellant has responded and concurs that the appeal does not fall within the narrow exception provided by circumstances such as those in Bally's Grand Hotel v. Reeves, 112 Nev. 1487, 929 P.2d 936 (1996), but proposes that judicial efficiency will be promoted by reviewing

/ 47- 37g3? the appeal at this point and thereby potentially avoiding a second hearing before the appeals officer. This court rejects appellant's proposal. Appellant may appeal from a final judgment. This court lacks jurisdiction and ORDERS this appeal DISMISSED.

(40M-7 P J. Pickering

Parraguirre •

Cadish

cc: Hon. Joanna Kishner, District Judge David Wasick, Settlement Judge Nevada Attorney for Injured Workers/Carson City Thorndal Armstrong Delk Balkenbush & Eisinger/Reno Eighth District Court Clerk

SUPREME COURT OF NEVADA

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