Saticoy Bay Llc Ser. 9076 Quarrystone Vs. Bank Of America, N.A.

Nevada Supreme Court

Saticoy Bay Llc Ser. 9076 Quarrystone Vs. Bank Of America, N.A.

DecidedJuly 29, 2019

Docket78020

StatusPublished

This text of Saticoy Bay Llc Ser. 9076 Quarrystone Vs. Bank Of America, N.A. (Saticoy Bay Llc Ser. 9076 Quarrystone Vs. Bank Of America, N.A.) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Saticoy Bay Llc Ser. 9076 Quarrystone Vs. Bank Of America, N.A., (Neb. 2019).

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Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

SATICOY BAY LLC SERIES 9076 No. 78020 QUARRYSTONE, Appellant, vs. BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC FILED HOME LOANS SERVICING, LP, F/KJA JUL 2 9 2019 COUNTRYWIDE HOME LOANS ELIZABETH A. BROWN SERVICING, LP, CLERK F suPrEmE COURT •Y DEPury CLERK

ORDER DISMISSING APPEAL This is an appeal from a district court findings of fact, conclusions of law, and judgment after bench trial in an action to quiet title, purportedly certified as final under NRCP 54(b). Eighth Judicial District Court, Clark County; Douglas Smith, Judge. Initial review of the docketing statement and documents before this court revealed a potential jurisdictional defect. Specifically, it appeared that the certification order, filed January 16, 2019, may not have completely removed a party from the action. See NRCP 54(b); Mallin v. Farmers Ins. Exch., 106 Nev. 606, 610-11, 797 P.2d 978, 981-82 (1990). Appellant conceded in the docketing statement that respondent's claims against Maryland Pebble at Silverado Homeowners Association and ATC Assessment Collection Group, LLC, remain pending below. Further, the January 16 order states that appellant's claims against National Default Servicing Corporation have not been resolved. Accordingly, this court ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. The order to show cause cautioned appellant that failure to demonstrate that this court has jurisdiction may result in the dismissal of this appeaL Appellanes response to the order to show cause was due to be filed on or before June 27, 2019. To date, appellant has failed to respond to the order to show cause, or to otherwise communicate with this court. As appellant has failed to demonstrate jurisdiction, this court concludes that it lacks jurisdiction over this appeal and ORDERS this appeal DISMISSED.

J.

°""jare1277.' J. Parraguirre Cadish

cc: Hon. Douglas Smith, District Judge Law Offices of Michael F. Bohn, Ltd. Akerman LLP/Las Vegas Eighth District Court Clerk

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IN THE SUPREME COURT OF THE STATE OF NEVADA

SATICOY BAY LLC SERIES 9076 No. 78020 QUARRYSTONE, Appellant, vs. BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC FILED HOME LOANS SERVICING, LP, F/KJA JUL 2 9 2019 COUNTRYWIDE HOME LOANS ELIZABETH A. BROWN SERVICING, LP, CLERK F suPrEmE COURT •Y DEPury CLERK

ORDER DISMISSING APPEAL This is an appeal from a district court findings of fact, conclusions of law, and judgment after bench trial in an action to quiet title, purportedly certified as final under NRCP 54(b). Eighth Judicial District Court, Clark County; Douglas Smith, Judge. Initial review of the docketing statement and documents before this court revealed a potential jurisdictional defect. Specifically, it appeared that the certification order, filed January 16, 2019, may not have completely removed a party from the action. See NRCP 54(b); Mallin v. Farmers Ins. Exch., 106 Nev. 606, 610-11, 797 P.2d 978, 981-82 (1990). Appellant conceded in the docketing statement that respondent's claims against Maryland Pebble at Silverado Homeowners Association and ATC Assessment Collection Group, LLC, remain pending below. Further, the January 16 order states that appellant's claims against National Default Servicing Corporation have not been resolved. Accordingly, this court ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. The order to show cause cautioned appellant that failure to demonstrate that this court has jurisdiction may result in the dismissal of this appeaL Appellanes response to the order to show cause was due to be filed on or before June 27, 2019. To date, appellant has failed to respond to the order to show cause, or to otherwise communicate with this court. As appellant has failed to demonstrate jurisdiction, this court concludes that it lacks jurisdiction over this appeal and ORDERS this appeal DISMISSED.

J.

°""jare1277.' J. Parraguirre Cadish

cc: Hon. Douglas Smith, District Judge Law Offices of Michael F. Bohn, Ltd. Akerman LLP/Las Vegas Eighth District Court Clerk

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