Hearne, M.D. v. Conklin, M.D.

• Court: Nevada Supreme Court
• Decided: November 16, 2018
• Docket: 76274
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

ISAAC J. HEARNE, M.D., No. 76274 INDIVIDUALLY; AND ISAAC J. HEARNE, M.D., P.C., A PROFESSIONAL CORPORATION, Appellants, vs. ALE THOMAS R. CONKLIN, M.D., INDIVIDUALLY; AND THOMAS R. CONKLIN, M.D., A PROFESSIONAL CORPORATION, Respondents.

ORDER DISMISSING APPEAL

This is an appeal from an appeal from an order granting a motion to enforce a settlement agreement. Second Judicial District Court, Washoe County; Lynne K. Simons, Judge. Respondents filed a motion to dismiss the appeal on the ground that the order appealed from is not a final judgment. Appellants have not opposed the motion.' Having considered the motion we grant it. An order granting a motion to enforce a settlement agreement is not a final judgment where it does not enter judgment in favor of a party or otherwise resolve the pending claims. See Brown v. WIC Stagecoach, 129 Nev. 343, 301 P.3d 850

'Appellants have also failed to respond to our order entered October 4, 2018, granting in part appellants' motion for an extension of time to retain new counsel. SUPREME COURT OF NEVADA

(0) 1947A / 901101° (2013); Valley Bank of Nevada v. Ginsburg, 110 Nev. 440, 446, 874 P.2d 729, 733 (1994) (concluding that a district court order approving a settlement agreement was interlocutory). Accordingly, we conclude that we lack jurisdiction, and we ORDER this appeal DISMISSED. 2

Ade. J. Pickering

GibboeS

Xs. Hardesty

cc: Hon. Lynne K. Simons, District Judge Isaac J. Hearne, M.D. McDonald Carano LLP/Reno Washoe District Court Clerk

2 We deny as moot appellant's motion for stay. SUPREME COURT OF NEVADA

(0) 1947A