Evenden Vs. Haack

Nevada Supreme Court

Evenden Vs. Haack

485 P.3d 750

CourtNevada Supreme Court

DecidedApril 16, 2021

Docket81473

StatusPublished

This text of 485 P.3d 750 (Evenden Vs. Haack) 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.

Bluebook

Evenden Vs. Haack, 485 P.3d 750 (Neb. 2021).

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Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

SEAN EVENDEN, AN INDIVIDUAL; No. 81473 AND ROGER AYALA, AN INDIVIDUAL, Appellants, vs. NANCY HAACK, AN INDIVIDUAL; AND NRS REALTY GROUP, LLC, D/B/A APR t 6 2021 LIFE REALTY, EL.77.;CiF 11 A P:*•."..:viN Res ondents. CLEP • COUR BY Dai:1; : CLERK ORDER DISMISSING APPEAL Having considered the parties arguments and the record, we conclude that the appealed-from order is not an appealable final judgment and that this court therefore lacks jurisdiction to consider this appeal. Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) ([A] final judgment is one that disposes of all the issues presented in the case, and leaves nothing for the future consideration of the court, except for post- judgment issues such as attorney's fees and costs."); see Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013) (observing that this court has jurisdiction to consider appeals only when authorized by statute or court rule). Although the appealed-from order determines that appellants are liable for money damages to respondents, the order does not actually award an amount of damages and contemplates further proceedings to determine that amount. Until that determination is made, there is no judgment for respondents to enforce. Cf. Simmons Self-Storage Partners, LLC v. Rib Roof, Inc., 127 Nev. 86, 90, 247 P.3d 1107, 1109 (2011) C[A] judgment must confer some right that may be enforced without further orders of the court and which puts an end to the litigation." (alteration and internal quotation marks omitted)); cf. Slaatte v. State, 129 Nev. 219, 221-

SUPREME COURT OF NEVADA

(01 1947A 446PAD t o83 22, 298 P.3d 1170, 1171 (2013) (reinforcing the concept that a judgment that imposes restitution in an uncertain amount is not an appealable final judgment). Accordingly, we ORDER this appeal DISMISSED.

<,

, J. Cadish

Piekkt / , J. Pickering

(A , J. Herndon

cc: Hon. Stefany Miley, District Judge James J. Jimmerson, Settlement Judge The VerStandig Law Firm, LLC Texas School of Law Law Office of John Holiday Shumway Van Eighth District Court Clerk

SUPREME CouRT OF NEVADA 2 (0) I 947A 4400,

I

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IN THE SUPREME COURT OF THE STATE OF NEVADA

SEAN EVENDEN, AN INDIVIDUAL; No. 81473 AND ROGER AYALA, AN INDIVIDUAL, Appellants, vs. NANCY HAACK, AN INDIVIDUAL; AND NRS REALTY GROUP, LLC, D/B/A APR t 6 2021 LIFE REALTY, EL.77.;CiF 11 A P:*•."..:viN Res ondents. CLEP • COUR BY Dai:1; : CLERK ORDER DISMISSING APPEAL Having considered the parties arguments and the record, we conclude that the appealed-from order is not an appealable final judgment and that this court therefore lacks jurisdiction to consider this appeal. Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) ([A] final judgment is one that disposes of all the issues presented in the case, and leaves nothing for the future consideration of the court, except for post- judgment issues such as attorney's fees and costs."); see Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013) (observing that this court has jurisdiction to consider appeals only when authorized by statute or court rule). Although the appealed-from order determines that appellants are liable for money damages to respondents, the order does not actually award an amount of damages and contemplates further proceedings to determine that amount. Until that determination is made, there is no judgment for respondents to enforce. Cf. Simmons Self-Storage Partners, LLC v. Rib Roof, Inc., 127 Nev. 86, 90, 247 P.3d 1107, 1109 (2011) C[A] judgment must confer some right that may be enforced without further orders of the court and which puts an end to the litigation." (alteration and internal quotation marks omitted)); cf. Slaatte v. State, 129 Nev. 219, 221-

SUPREME COURT OF NEVADA

(01 1947A 446PAD t o83 22, 298 P.3d 1170, 1171 (2013) (reinforcing the concept that a judgment that imposes restitution in an uncertain amount is not an appealable final judgment). Accordingly, we ORDER this appeal DISMISSED.

<,

, J. Cadish

Piekkt / , J. Pickering

(A , J. Herndon

cc: Hon. Stefany Miley, District Judge James J. Jimmerson, Settlement Judge The VerStandig Law Firm, LLC Texas School of Law Law Office of John Holiday Shumway Van Eighth District Court Clerk

SUPREME CouRT OF NEVADA 2 (0) I 947A 4400,

I

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485 P.3d 750, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evenden-vs-haack-nev-2021.

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