Mueller Hinds & Assocs., Chtd. Vs. State, Div. Of Healthcare

• Court: Nevada Supreme Court
• Decided: February 20, 2020
• Docket: 79149
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

MUELLER HINDS & ASSOCIATES, No. 79149 CHTD, A DOMESTIC PROFESSIONAL CORPORATION,

vs. Appellant, FILED STATE OF NEVADA DIVISION OF FEB 2 0 nal HEALTHCARE FINANCING AND POLICY, A GOVERNMENTAL ENTITY; GLEN J. LERNER, A PROFESSIONAL CORPORATION, D/B/A GLEN LERNER INJURY ATTORNEYS, A DOMESTIC PROFESSIONAL CORPORATION, Respondents.

ORDER DISMISSING APPEAL

This is an appeal from a district court order denying a motion for an emergency stay of proceedings. Eighth Judicial District Court, Clark County; Susan Johnson, Judge. On November 7, 2019, this court entered an order directing appellant to show cause why this appeal should not be dismissed for lack of jurisdiction.1 The order cautioned that failure to demonstrate that this court has jurisdiction could result in the dismissal of this appeal. When appellant failed to file a response or otherwise communicate with this court, this court entered an order directing appellant to file and serve a response to the order to show cause by January 28, 2020, or face dismissal of this

1A copy of this order is attached.

SUPREME COURT OF

lo-(0411 NEVADA

(0) I947A

AIM appeal.2 To date, appellant has not filed a response or otherwise communicated with this court. Accordingly, this court ORDERS this appeal DISMISSED.

Gibbot6 ( MU,. J.

• G.k.:0 , J. , J. Stiglich Stio14:144,4e4)

cc: Hon. Susan Johnson, District Judge Ara H. Shirinian, Settlement Judge Mueller & Associates Glen Lerner Injury Attorneys Eighth District Court Clerk

2A copy of this order is attached. SUPREME COMO' OF NEVADA

(0) 1947A 484. 2 .<1

M1M-0117 IN - E COflELT OrrITE ADA

MUELLER HINDS & ASSOCIATES, CHTD; A:DOMESTIC PROFESSIONAL CORPORATIOK Appellan4 vs. gTATB OF NEVADA DIVISION OF ;FILED HEALTHCARE FINANCING AND NOV 0 7 2019 POLICY, A GOVERNMENTAL ENTITY; . _-ELIZABETH A. BROWN t1LEN J. LERNER, A PROFESSIONAL . OWN ROE COURT CORPORATION, D/B/A GLEN LEMsTER: INJURY ATTORNEYS; A DOMESTIC PROFESSIONAL-CORPORATION, Res ondents.

ORDER TO SHOW CAUSE

This is an appeal from a district couit. erderd'enying a mbtfon: for an emergency stay- .of proceedings. Initial revievi. _of the docket:int Statement and docunients beforethis tourt reveals arptitenti al jurisdictiOn4 defect. An order denying a motion forstay is not substant,ively appealable. Brunzett Const. u. Harrah's Club, 81 Nev. 414, 419, 404 P',24 9.02, 905 (1965) superseded by statute as s tdn. .Oä:sino Operations-, Oraharn, Nev. 764, 765, •476 P.2d 953, 954 (MO: Appellant Aso-AU, without, explanation, that the order is appealable. under NEAP 3(1) (allowingan ‘appeal from A final judgment), NRAP 3A(b)(2) (allowing an appeal from an order granting or denying a motion for a new trial); and: NRAP 3A(b)(3) allowing an appeal from an brder granting Ot refusinO to grant, or- oiving or refusing tti-dis.00lve, an iiiitinotion). But Vriellant conc6des' that &anis remain pending in the diatrittitowt, Thut, the'order does not appear appealable as a &tat judgnient, See Lee 0. GiViV (orp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (defining Et final itihMent).. And the

41-cis Sot challenged order does not appear to address-a motion- for. a new trial or ati injunction. Aecoiftgii, totioilatit-ohidthäTé, 04343ItOAfit*Ie ,d ate of Thia: order to shoW cause why• this aPpeal šhOtia , not be disiniaSed for lack of• Jurisdiction. Respondentd may file any reply within 14 dayS of service of appellant's response,. Failure to .demonstrate that this cOurt has jurisdiction taay resultin the. dionaisoadthis tiopeat The deadlines tO file ClOcumentt in thit ap -are suspendetd •pending further Order of this court. It is So ORDERED.

CC: Mueller :&AssoCiates Attorney -General/Carion...City- Glen Lerner Injury Attorneys

2 VPREIVIE COMM OF THE STATE OF NEVADA

MUELLER HINDS & ASSOC, TES, 79149 CHIT!, A DOMESTICPROFESSIONAt CORPORATTOK Appellant, vs. OLENJ. LERNER, A PROFESSIONAL CORPORATION, ryta OLEN LERNER. INJURY KITORNEYS, A DOMESTIC PROFESSIONAL CORPORATION, Res ondent— ,

On November 7; 2019 thie court entered an. :order directing appellant t)- shoW cause, by :December tbiO Appeal -Should not be diSinissed for -lack -of jurisdiction, 1170, date, itligeillit4 -has not filed a, response or otherwise communicated with this cOUrt. •Appellant shall have 14_ days from the date of this order to file, • and. serve tvrespOnse to the order to. show cause. Failureto file a response, "Or fail* to demonstrate that thie.toUtt has .jurisdiction.may result. in the: 'AieMissai of this appeal. Respondent inatae itoy,vegy*ithin. 14 daya-of :serVicti of app ellariet response. it Is tiO ORDOEts.

&km , C.J.

cc: Mueller & Associates Glen Lerner Injury. Attorneys

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