Nevada Sandcastles, LLC v. Nationstar Mortg., LLC

• Court: Nevada Supreme Court
• Decided: August 24, 2017
• Docket: 72434
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

NEVADA SANDCASTLES, LLC, A No. 72434 NEVADA LIMITED LIABILITY COMPANY,

vs. Appellant, FILED NATIONSTAR MORTGAGE, LLC, AUG 2 4 2017 Respondent.

ORDER DISMISSING APPEAL This is an appeal from an order granting in part and denying in part respondent's motion for summary judgment, certified as final pursuant to NRCP 54(b) arising from cases consolidated in the district court. Eighth Judicial District Court, Clark County; Kenneth C. Cory, Judge. Our preliminary review of the docketing statement and• the documents submitted to the court pursuant to NRAP 3(e) revealed a potential jurisdictional defect. Specifically, the order did not appear amenable to NRCP 54(b) certification because it appeared that no party or separate claim for relief had been completely removed from the action. Mallin v. Farmers Insurance Exchange, 106 Nev. 606, 797 P.2d 978 (1990); Taylor Constr. Co. v. Hilton Hotels, 100 Nev. 207, 678 P.2d 1152 (1984). Accordingly, on June 28, 2017, this court entered an order directing appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant has responded, and concedes that no party or separate claim for relief has been completely removed from the action, and that the district court cannot create finality when an order is not amenable to certification. Taylor Constr. Co., 100 Nev. at 209, 678 P. 2d at 1153. SUPREME COURT OF NEVADA

(0) 1947A e Appellant further informs this court that it has filed a motion for relief from the judgment pursuant to NRCP 60(b), and that it will seek a remand for resolution of the motion. No response has been filed. We concludeS that we lack jurisdiction, and we dismiss this appeal. Any party aggrieved by an appealable order entered in the district court may file a new notice of appeal from that order.' It is so ORDERED.

Hardesty

r 1ILL-irnicic J.

aug Stiglich

cc: Hon. Kenneth C. Cory, District Judge The Wright Law Group Akerman LLP/Las Vegas Eighth District Court Clerk

'We decline appellant's invitation to set forth any further holding. SUPREME COURT OF NEVADA 2 (0) 1947A e •.;: !A (