Riffel Vs. Anderson

485 P.3d 212

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

MAN T. RI 1.1.,1 EL. No. 82329 Appellant,

vS.

NICHOLAS W. ANDERSON; LINDA S. MIL ANDERSON; AND APRIL E. ANDERSON,

Res • ondents.

ORDER DISMISSING APPEAL

This is an appeal from a district court order granting a motion to dismiss in part. denying a motion fbr summary judgment, and assigning tlìc caSe to the court-annexed arbitration program. Second Judicial District

Court, Washoe County; Barry L. Breslow, judge.

Initial review of the docketing statement and documents before this court revealed a potential jurisdictional defect; it did not appear that the challenged order is appealable as a final judgment under NRAP 3A(b)(1) because respondents claim for breach of contract remains pending in the district court. See Lee v. GNLV Corp., 116 Nev, 424, 426, 996 P.2d 416, 417 (2000) (defining a final judgment as ''one that disposes of all the issues presented in the case, and leaves nothing for the future consideration of the court, except for post-judgment issues such as attorney's fees and coste). Accordingly, this court ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction.

in response, appellant states that he filed the notice of appeal out of an abundance of caution. .He explains that he has filed a petition for zi writ of mandamus (Docket No. 82774) and asserts that this court may review the challenged order in the context of the writ petition. Having considered appelktnt's response, as well as respondents Nicholas Anderson SUPREME COURT OF NEVADA

()) 1947A .441POD 0-447--

and Linda Anderson's reply, we conclude appellant fails to demonstrate that this court has jurisdiction to consider this appeal. Accordingly, we ORDER this appeal DISMISSED.

arraguirre

Stiglich Silver

cc: flon. Barry L. Breslow, District Judge Wallace & Millsap LLC April E. Anderson Linda S. Anderson Nicholas W. Anderson Washoe District Court Clerk

SUPREME COLIFIT OF NEVADA 2 10) I947A 0004