One West Bank Fsb v. Pacific Woods Rental

• Court: Nevada Supreme Court
• Decided: September 25, 2014
• Docket: 61523
• Status: Unpublished

Opinion

summary judgment to resolve all issues in the case, as evidenced by language in the district court's findings of fact and conclusions of law. Respondent argues that the abuse of process, slander of title, and fraud claims were implicitly resolved by the district court's findings below. It is not clear, however, that the district court's findings concerning issue and claim preclusion necessarily denied respondent's claims for abuse of process, slander of title, and fraud. In the separate case, appellant obtained an ex parte rescission of a foreclosure sale order as well as punitive damages. The summary judgment itself, which was entered separately from the findings of fact and conclusions of law, expressly addressed only the causes of action for quiet title and declaratory relief. Thus, the abuse of process, slander of title, and fraud claims remain unresolved. See KIM Sylvan Pools, Inc. v. Workman, 107 Nev. 340, 342-43, 810 P.2d 1217, 1219 (1991) (explaining that a party's abandonment of a claim is insufficient to render a judgment final for jurisdictional purposes; instead, the claim must be formally resolved). Moreover, respondent does not address whether appellant's third-party claims against the homeowners' association and other parties have been resolved, and neither party explains the nature of those claims. Accordingly, it appears that the third-party claims also remain pending. Because the district court has not entered a final judgment below, we lack jurisdiction and ORDER this appeal DISMISSED.

-cezt, Hardesty

J. J. SUPREME COURT Douglas Cherry OF NEVADA

(0) 1947A cc: Hon. Timothy C. Williams, District Judge Janet Trost, Settlement Judge Wright, Finlay & Zak, LLP/Las Vegas Law Offices of Michael F. Bohn, Ltd. David J. Winterton & Associates, Ltd. Eighth District Court Clerk

SUPREME COVET OF NEVADA 2 (0) 1947A