Ln Mgmt. Llc Ser. Madreperla St. Vs. Phh Mortg. Corp.

• Court: Nevada Supreme Court
• Decided: August 23, 2019
• Docket: 78019
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

LN MANAGEMENT LLC SERIES No. 78019 MADREPERLA STREET, Appellant, vs. PHH MORTGAGE CORPORATION, Res e ondent. FILED AUG 2 3 201° ELIZAB A. BROWN CLERK OF RENE- OOURT BY DEPUTY CLERK

ORDER DISMISSING APPEAL

This is an appeal from a district court order entering judgment in a quiet title action. Eighth Judicial District Court, Clark County; Timothy C. Williams, Judge. This court's initial review of the docketing statement and documents before this court revealed a potential jurisdictional defect. It appeared that the district court had not yet entered a final judgment appealable under NRAP 3A(b)(1) because respondent's counterclaim for unjust enrichment remained pending. See Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (defining a final judgment). In response, appellant contends that the district court did not fully address the counterclaims yet closed the case. Appellant asks that this court treat the challenged order as incomplete, decline jurisdiction, and dismiss the appeal. Respondent has not filed any reply. As appellant agrees that the district court has not entered a final judgment and it does not appear that any other statute or court rule

g53107 permits this appeal, see Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013) (this court "may only consider appeals authorized by statute or court rule"), it appears that this court lacks jurisdiction. Accordingly, this court ORDERS this appeal DISMISSED.

J. Hardesty

,/erurbat..0 4 J. J. Stiglich Silver

cc: Hon. Timothy C. Williams, District Judge John Walter Boyer, Settlement Judge Kerry P. Faughnan Akerman LLP/Las Vegas Eighth District Court Clerk

SUPREME COURT OF NEVADA

(C) 1947A 2