Gutzmer v. Wells Fargo Bank, N.A.

• Court: Nevada Supreme Court
• Decided: April 22, 2019
• Docket: 77238
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

JERRY GUTZMER, No. 77238 Appellant, vs. WELLS FARGO BANK, N.A., Respondent. FILED APR 2 2 2019 ELIZABETH A 1:::

ORDER DISMISSING APPEAL

This is an appeal from a district court order granting a motion for summary judgment in a quiet title action. Eighth Judicial District Court, Clark County; Gloria Sturman, Judge. This court previously entered an order directing appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Specifically, it appeared that claims remained pending in the district court such that the challenged order was not appealable as a final judgment under NRAP 3A(b)(1). See Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (defining a final judgment). In response, appellant concedes that the notice of appeal was prematurely filed before resolution of all claims asserted in the district court. As it does not appear that the order challenged in this appeal is appealable under NRAP 3A(b)(1) and no other statute or court rule appears to authorize this appeal, this court concludes that it lacks jurisdiction, see Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850, 851 SUPREME COURT OF NEVADA

(0) I 147A 11-17slo (2013) (this court "may only consider appeals authorized by statute or court rule"), and ORDERS this appeal DISMISSED.

Pickering

Pafraguirre"Setent" Cadish GilA -

cc: Hon. Gloria Sturman, District Judge Ayon Law, PLLC Akerman LLP/Las Vegas Eighth District Court Clerk

SUPREME COURT OF NEVADA

(0) 194Th e 2