Rogoff Vs. Rockview Dairies, Inc.

• Court: Nevada Supreme Court
• Decided: October 10, 2019
• Docket: 79517
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

MARLENE ROGOFF, AN INDIVIDUAL, No. 79517 Appellant, vs. ROCKVIEW DAIRIES, INC., Respondent.

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order granting a motion for summary judgment and dismissing a complaint. Eighth Judicial District Court, Clark County; Rob Bare, Judge. Respondent has filed an unopposed motion to dismiss this appeal for lack ofjurisdiction. Respondent asserts that the challenged order is not appealable as a final judgment under NRAP 3A(b)(1) because its counterclaim remains pending. This court agrees. The challenged order is not a final judgment where respondent's counterclaim remains pending in the district court. See Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) ([A] final judgment is 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 costs."). And no other statute or court rule authorizes an appeal from the challenged order. See Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013) (this 'court "may only consider appeals authorized by statute

11-112-4:11 or court rule). This court lacks jurisdiction to consider this appeal. Accordingly, the motion to dismiss is granted, and this court ORDERS this appeal DISMISSED.1

, J.

Hardesty

AioLgbatX Stiglich LIZem.e.D Silver , J.

cc: Hon. Rob Bare, District Judge Marlene Rogoff The Galliher Law Firm Eighth District Court Clerk

1Any aggrieved party may file a new notice of appeal once the district court enters a final judgment. SUPREME COURT OF NEVADA

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