K.J. Brown, L.L.C. Vs. Elk Point Country Club Hoa, Inc.

Nevada Supreme Court

K.J. Brown, L.L.C. Vs. Elk Point Country Club Hoa, Inc.

DecidedAugust 27, 2021

Docket82824

StatusPublished

This text of K.J. Brown, L.L.C. Vs. Elk Point Country Club Hoa, Inc. (K.J. Brown, L.L.C. Vs. Elk Point Country Club Hoa, Inc.) 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

K.J. Brown, L.L.C. Vs. Elk Point Country Club Hoa, Inc., (Neb. 2021).

Pincite

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

K.J. BROWN, L.L.C., A NEVADA No. 82824 LIMITED LIABILITY COMPANY; TIMOTHY D. GILBERT AND NANCY AVANZINO GILBERT, AS TRUSTEES OF THE TIMOTHY D. GILBERT AND NANCY AVANZINO GILBERT REVOCABLE FAMILY TRUST DATED FILED DECEMBER 27, 2013, Appellants, AUG 2 7 2021 vs. ELIZABETH A. BROWN CLERUFAUPREME COUR'T ELK POINT COUNTRY CLUB BY DEPUTY CLERK HOMEOWNERS ASSOCIATION, INC., A/K/A ELK POINT COUNTRY CLUB, INC., A NEVADA NON-PROFIT, NON- STOCK CORPORATION, Res s ondent.

ORDER DISMISSING APPEAL

This is an appeal from the district court's order granting a motion to stay an injunction pending appeal. Ninth Judicial District Court, Douglas County; Nathan Tod Young, Judge. Appellants are homeowners within the respondent subdivision. Appellants filed a civil action against respondent seeking in part to enjoin for-profit rental use of units. On December 15, 2020, the district court entered an order granting appellants' motion for a preliminary injunction. Respondent appealed the district court's order, and that appeal has been docketed in this court in Docket No. 82484. Pursuant to its appeal in Docket No. 82484, respondent filed a motion in the district court to stay or suspend the injunction pending resolution of that appeal. On March 15, 2021, the district court entered an order granting the stay. Appellants have appealed

SUPREME COURT the order granting the stay pending appeal and, in response to this court's OF NEVA0A

-A41982i order to show cause regarding jurisdiction, argue that the imposition of the stay has the effect of denying the injunction, thereby making it an independently appealable order. This court disagrees. No appeal lies from an order granting a stay pending appeal. Appellants may move for relief in regard to the stay of the injunction in the context of the appeal in Docket No. 82484, if deemed necessary. This court lacks jurisdiction over the order appealed from, and therefore ORDERS this appeal DISMISSED.

J. Cadish

Pickering Aek. P J.

J. Herndon

cc: Hon. Nathan Tod Young, District Judge David Wasick, Settlement Judge Leach Kern Gruchow Anderson Song/Reno Fennemore Craig, P.C./Las Vegas Resnick & Louis, P.C./Las Vegas Douglas County Clerk

SUPREME COURT OF NEVADA

7, I q47A atgero 2

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IN THE SUPREME COURT OF THE STATE OF NEVADA

K.J. BROWN, L.L.C., A NEVADA No. 82824 LIMITED LIABILITY COMPANY; TIMOTHY D. GILBERT AND NANCY AVANZINO GILBERT, AS TRUSTEES OF THE TIMOTHY D. GILBERT AND NANCY AVANZINO GILBERT REVOCABLE FAMILY TRUST DATED FILED DECEMBER 27, 2013, Appellants, AUG 2 7 2021 vs. ELIZABETH A. BROWN CLERUFAUPREME COUR'T ELK POINT COUNTRY CLUB BY DEPUTY CLERK HOMEOWNERS ASSOCIATION, INC., A/K/A ELK POINT COUNTRY CLUB, INC., A NEVADA NON-PROFIT, NON- STOCK CORPORATION, Res s ondent.

ORDER DISMISSING APPEAL

This is an appeal from the district court's order granting a motion to stay an injunction pending appeal. Ninth Judicial District Court, Douglas County; Nathan Tod Young, Judge. Appellants are homeowners within the respondent subdivision. Appellants filed a civil action against respondent seeking in part to enjoin for-profit rental use of units. On December 15, 2020, the district court entered an order granting appellants' motion for a preliminary injunction. Respondent appealed the district court's order, and that appeal has been docketed in this court in Docket No. 82484. Pursuant to its appeal in Docket No. 82484, respondent filed a motion in the district court to stay or suspend the injunction pending resolution of that appeal. On March 15, 2021, the district court entered an order granting the stay. Appellants have appealed

SUPREME COURT the order granting the stay pending appeal and, in response to this court's OF NEVA0A

-A41982i order to show cause regarding jurisdiction, argue that the imposition of the stay has the effect of denying the injunction, thereby making it an independently appealable order. This court disagrees. No appeal lies from an order granting a stay pending appeal. Appellants may move for relief in regard to the stay of the injunction in the context of the appeal in Docket No. 82484, if deemed necessary. This court lacks jurisdiction over the order appealed from, and therefore ORDERS this appeal DISMISSED.

J. Cadish

Pickering Aek. P J.

J. Herndon

cc: Hon. Nathan Tod Young, District Judge David Wasick, Settlement Judge Leach Kern Gruchow Anderson Song/Reno Fennemore Craig, P.C./Las Vegas Resnick & Louis, P.C./Las Vegas Douglas County Clerk

SUPREME COURT OF NEVADA

7, I q47A atgero 2

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Bluebook (online)

K.J. Brown, L.L.C. Vs. Elk Point Country Club Hoa, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/kj-brown-llc-vs-elk-point-country-club-hoa-inc-nev-2021.