Nat'L Credit Ctr., Llc Vs. Iad Auto, Inc.

482 P.3d 696

• Court: Nevada Supreme Court
• Decided: March 18, 2021
• Docket: 81805
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

NATIONAL CREDIT CENTER, LLC, No. 81805 Appellant, vs. FILED IAD AUTO, INC., D/B/A IAD AUTO, MAR 1 8 2021 INC., ELIZABETH A. BROWN Res s ondent. CLERK OF SUPREME COURT BY S. e-• DEPUTY CLERK 0 ORDER DISMISSING APPEAL

This is an appeal from a district court order granting a motion to compel arbitration. Eighth Judicial District Court, Clark County; Mary Kay Holthus, Judge. Because no statute or court rule authorizes an appeal from an order granting a motion to compel arbitration, this court directed appellant to show cause why the appeal should not be dismissed for lack of jurisdiction. See Kindred v. Second Judicial Dist. Court, 116 Nev. 405, 996 P.2d 903 (2000) (indicating that an order granting a motion to compel arbitration is not appealable). Appellant has responded and argues that the district court's order is essentially a final judgment because the district court erroneously relied on a prior, superseded contract and a fundamental issue before the court was whether the contract itself provided for arbitration. Respondent has filed a reply. Nevada's arbitration act, allows interlocutory appeals from orders denying inotions to compel arbitration, but does not provide for an interlocutory appeal of an order compelling arbitration. See NRS 38.247. The reasoning is that a party may appeal from an order confirming an award or other final judgment. "[I]f at the very threshold of the proceeding the defaulting party could appeal and thereby indefinitely delay the matter

SUPREME COURT of arbitration, the object of the law [favoring arbitration] and the purpose of OF NEVADA

on I947A 44110. P- 07791- the written agreement of the parties would be entirely defeated." Tallman v. Eighth Jud. Dist. Ct., 131 Nev, 713, 718, 359 P.3d 113, 117 (2015) (quoting Clark Cnty. v. Empire Elec., Inc., 96 Nev. 18, 20, 604 P.2d 352, 353 (1980) (internal quotations omitted)). Appellant has not demonstrated that this court should depart from its established analysis. Accordingly this court ORDERS this appeal DISMISSED.

Parra guile7

J. Stiglich

kilLe4(z.3 J. Silver

cc: Hon. Mary Kay Holthus, District Judge Persi J. Mishel, Settlement Judge Olson, Cannon, Gormley, & Stoberski McDonald Carano LLP/Reno McDonald Carano LLP/Las Vegas Law Office of Hayes & Welsh Eighth District Court Clerk