Middleton v. Merchants Bonding Co.

Nevada Supreme Court

Middleton v. Merchants Bonding Co.

DecidedMarch 27, 2017

Docket72509

StatusUnpublished

This text of Middleton v. Merchants Bonding Co. (Middleton v. Merchants Bonding Co.) 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

Middleton v. Merchants Bonding Co., (Neb. 2017).

Pincite

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

ERVIN MIDDLETON, No. 72509 Appellant, vs. MERCHANTS BONDING COMPANY, FILE Respondent. MAR 2 7 2017

ORDER DISMISSING APPEAL This is a pro se appeal from a minute order entered on the "25th day of January 2016 [sic]." Eighth Judicial District Court, Clark County; Rob Bare, Judge. Our review of the documents submitted to this court pursuant to NRAP 3(g) reveals two jurisdictional defects. First, the notice of appeal appears to be untimely filed under NRAP 4(a) because it appears that it was prematurely filed, before the entry of a final written judgment, and is therefore of no effect. See NRAP 4(a)(1); Rust v. Clark Cty. School District, 103 Nev. 686, 747 P.2d 1380 (1987). A district court's minute order is ineffective for any purpose and cannot be appealed, and a written order or judgment must be filed before a district court ruling can be appealed. Rust, at 689, 747 P.2d at 1382.

'It appears the reference in the notice of appeal to the year 2016 is a typographical error; the district court minutes do not include any order entered January 25, 2016, but do include an order granting respondent's motion for summary judgment and denying appellant's countermotion for summary judgment on January 25, 2017.

SUPREME COURT OF NEVADA

(0) 1947A (42Y0 Finally, it appears that the grant of summary judgment on January 25, 2017, does not finally resolve all claims of all parties in the action. See Lee v. GNLV Corp., 116 Nev. 424, 996 P.2d 416 (2000); KDI Sylvan Pools v. Workman, 107 Nev. 340, 810 P.2d 1217 (1991); Rae a All American Life & Cas. Co., 95 Nev. 920, 605 P.2d 196 (1979). Claims by and against additional parties remain pending below, and a trial date has been set for July '31, 2017. Accordingly, we conclude that we lack jurisdiction., and we ORDER this appeal DISMISSED.

Douglas

J.

J. Pickering

cc: Hon. Rob Bare, District Judge Ervin Middleton The Faux Law Group Eighth District Court Clerk

(0) 194Th e0 2

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IN THE SUPREME COURT OF THE STATE OF NEVADA

ERVIN MIDDLETON, No. 72509 Appellant, vs. MERCHANTS BONDING COMPANY, FILE Respondent. MAR 2 7 2017

ORDER DISMISSING APPEAL This is a pro se appeal from a minute order entered on the "25th day of January 2016 [sic]." Eighth Judicial District Court, Clark County; Rob Bare, Judge. Our review of the documents submitted to this court pursuant to NRAP 3(g) reveals two jurisdictional defects. First, the notice of appeal appears to be untimely filed under NRAP 4(a) because it appears that it was prematurely filed, before the entry of a final written judgment, and is therefore of no effect. See NRAP 4(a)(1); Rust v. Clark Cty. School District, 103 Nev. 686, 747 P.2d 1380 (1987). A district court's minute order is ineffective for any purpose and cannot be appealed, and a written order or judgment must be filed before a district court ruling can be appealed. Rust, at 689, 747 P.2d at 1382.

'It appears the reference in the notice of appeal to the year 2016 is a typographical error; the district court minutes do not include any order entered January 25, 2016, but do include an order granting respondent's motion for summary judgment and denying appellant's countermotion for summary judgment on January 25, 2017.

SUPREME COURT OF NEVADA

(0) 1947A (42Y0 Finally, it appears that the grant of summary judgment on January 25, 2017, does not finally resolve all claims of all parties in the action. See Lee v. GNLV Corp., 116 Nev. 424, 996 P.2d 416 (2000); KDI Sylvan Pools v. Workman, 107 Nev. 340, 810 P.2d 1217 (1991); Rae a All American Life & Cas. Co., 95 Nev. 920, 605 P.2d 196 (1979). Claims by and against additional parties remain pending below, and a trial date has been set for July '31, 2017. Accordingly, we conclude that we lack jurisdiction., and we ORDER this appeal DISMISSED.

Douglas

J.

J. Pickering

cc: Hon. Rob Bare, District Judge Ervin Middleton The Faux Law Group Eighth District Court Clerk

(0) 194Th e0 2

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Middleton v. Merchants Bonding Co., Counsel Stack Legal Research, https://law.counselstack.com/opinion/middleton-v-merchants-bonding-co-nev-2017.

Opinion

J. Pickering

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