Rugged Oaks Inv.'s, LLC v. Three Palms Inv. Grp., LLC

Nevada Supreme Court

Rugged Oaks Inv.'s, LLC v. Three Palms Inv. Grp., LLC

Nevada Supreme Court·Decided September 22, 2016·No. 69370·Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

RUGGED OAKS INVESTMENTS, LLC, No. 69370 A NEVADA LIMITED LIABILITY COMPANY,

vs.

Appellant, FILED THREE PALMS INVESTMENT GROUP, SEP 2 2 2016 LLC, A NEVADA LIMITED LIABILITY TRACE K. LINDEMAN

COMPANY; NATIONAL DEFAULT CLERK OF SUPREME COURT BY

SERVICING CORPORATION, AN DEPUTY CLERK

ARIZONA CORPORATION; AND WELLS FARGO BANK, NA.,

Respondents.

ORDER DISMISSING APPEAL

This is an appeal from a district court order in a quiet title action. Eighth Judicial District Court, Clark County; Carolyn Ellsworth, Judge.

When our initial review of the docketing statement, response, and other documents submitted to this court revealed a potential jurisdictional defect, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Specifically, it was not clear whether respondent Three Palms Investment Group, LLC's claims for slander of title, trespass, and nuisance were resolved such that the district court order or judgment was appealable as a final judgment under NRAP 3A(b)(1). See Lee v. GNLV, Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000).

In response to our order, appellant agrees that no final judgment has been entered in district court and admits that this court lacks jurisdiction over this appeal. Respondent Wells Fargo Bank filed a reply to appellant's response wherein it also agrees that no appealable SUPREME COURT OF NEVADA

(0) 1947A 4v-245LO final judgment has been entered by the district court. No other respondent filed a reply to appellant's response. Accordingly, appellant fails to demonstrate that the challenged order is appealable under NRAP 3A(b)(1). We conclude that we lack jurisdiction and ORDER this appeal DISMISSED.

cc: Hon. Carolyn Ellsworth, District Judge Janet Trost, Settlement Judge Hutchison & Steffen, LLC Snell & Wilmer, LLP/Tucson Snell & Wilmer, LLP/Las Vegas Tiffany & Bosco, P. A. Greene Infuso, LLP Eighth District Court Clerk

SUPREME COURT OF NEVADA

2

(0) 1947.4 44199.

-

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IN THE SUPREME COURT OF THE STATE OF NEVADA

RUGGED OAKS INVESTMENTS, LLC, No. 69370 A NEVADA LIMITED LIABILITY COMPANY,

vs.

Appellant, FILED THREE PALMS INVESTMENT GROUP, SEP 2 2 2016 LLC, A NEVADA LIMITED LIABILITY TRACE K. LINDEMAN

COMPANY; NATIONAL DEFAULT CLERK OF SUPREME COURT BY

SERVICING CORPORATION, AN DEPUTY CLERK

ARIZONA CORPORATION; AND WELLS FARGO BANK, NA.,

Respondents.

ORDER DISMISSING APPEAL

This is an appeal from a district court order in a quiet title action. Eighth Judicial District Court, Clark County; Carolyn Ellsworth, Judge.

When our initial review of the docketing statement, response, and other documents submitted to this court revealed a potential jurisdictional defect, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Specifically, it was not clear whether respondent Three Palms Investment Group, LLC's claims for slander of title, trespass, and nuisance were resolved such that the district court order or judgment was appealable as a final judgment under NRAP 3A(b)(1). See Lee v. GNLV, Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000).

In response to our order, appellant agrees that no final judgment has been entered in district court and admits that this court lacks jurisdiction over this appeal. Respondent Wells Fargo Bank filed a reply to appellant's response wherein it also agrees that no appealable SUPREME COURT OF NEVADA

(0) 1947A 4v-245LO final judgment has been entered by the district court. No other respondent filed a reply to appellant's response. Accordingly, appellant fails to demonstrate that the challenged order is appealable under NRAP 3A(b)(1). We conclude that we lack jurisdiction and ORDER this appeal DISMISSED.

cc: Hon. Carolyn Ellsworth, District Judge Janet Trost, Settlement Judge Hutchison & Steffen, LLC Snell & Wilmer, LLP/Tucson Snell & Wilmer, LLP/Las Vegas Tiffany & Bosco, P. A. Greene Infuso, LLP Eighth District Court Clerk

SUPREME COURT OF NEVADA

2

(0) 1947.4 44199.

-

Rugged Oaks Inv.'s, LLC v. Three Palms Inv. Grp., LLC, (Neb. 2016).

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