Mona, Jr. v. Far West Indus.

• Court: Nevada Supreme Court
• Decided: March 6, 2018
• Docket: 73815
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

MICHAEL J. MONA, JR., AN No. 73815 INDIVIDUAL, Appellant, vs. FAR WEST INDUSTRIES, A CALIFORNIA CORPORATION, FILE Respondent. MAR 06 2018 a9 ci BRO

DEPUTY CLERK

ORDER DISMISSING APPEAL

This is an appeal from an order sustaining respondent's objection to a claim of exemption to an order determining the priority of garnishments and denying appellant's motion to discharge the garnishment. Eighth Judicial District Court, Clark County; Joseph Hardy, Jr., Judge. Respondent has moved to dismiss the appeal for lack of jurisdiction. Appellant opposes the motion, and respondent has filed a reply. We agree with respondent that our holding in Settelmeyer & Sons u. Smith & Harmer, 124 Nev. 1206, 197 P.3d 1051 (2008) provides for an appeal from a final judgment in a garnishment action (see also NRS 31.460), but not from interlocutory orders that merely set the priorities or resolve a claim of exemption, such as those at issue in this appeal. It appears the

SUPREME COURT OF NEVADA ist-01,53 (0) 194/4 c7-41* district court has not yet entered a final appealable judgment; accordingly, we grant respondent's motion and we ORDER this appeal DISMISSED.'

Parraguirre

lekisau.0 , J. Stiglich

cc: Hon. Joseph Hardy, Jr., District Judge Ara H. Shirinian, Settlement Judge Marquis Aurbach Coffing Holley, Driggs, Walch, Fine, Wray, Puzey & Thompson/Las Vegas Eighth District Court Clerk

1 We deny as moot the parties' joint motion to extend the briefing deadlines. The clerk shall return, unfiled, the answering brief and appendix received on March 2, 2018. SUPREME COURT OF NEVADA

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