Song Vs. Pensivy

• Court: Nevada Supreme Court
• Decided: February 21, 2020
• Docket: 78718
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

JAMES SONG, INDIVIDUALLY; AND No. 78718 ADRIENNE SONG, INDIVIDUALLY, Appellants, vs. SCOTT PENSIVY, INDIVIDUALLY, FILED Res • ondent. 1-EB 2 I AO DROWN FAME COURT

DEPUTY CI-ERK

ORDER DISMISSING APPEAL

This is an appeal from findings of fact and conclusions of law and judgment. Eighth Judicial District Court, Clark County; Joanna Kishner, Judge. On October 10, 2019, this court entered an order directing appellants to show cause why this appeal should not be dismissed for lack of jurisdiction. The order stated that failure to demonstrate that this court has jurisdiction could result in the dismissal of this appeal. Appellants failed to file a response or otherwise communicate with this court. Accordingly, on January 7, 2020, this court entered an order directing appellants to file a response by January 21, 2020.2 The order stated that failure to demonstrate that this court has jurisdiction, or failure to file a response, could result in the dismissal of this appeal. To date, appellants

'A copy of this order is attached.

2A copy of this order is attached. have failed to file a response or otherwise communicate with this court. Accordingly, this court ORDERS this appeal DISMISSED

Parraguirre

xstAi n &AA) Hardesty Cadish

cc: Hon. Joanna Kishner, District Judge Kristine M. Kuzemka, Settlement Judge The Schnitzer Law Firm McDonald Carano LLP/Las Vegas Eighth District Court Clerk

SUPREME COUM OF NEVADA

(0) 1947A 4610E. 2 ' WIVE SUPREME coma- 'tat iNEVADA

JAMES SONG, INDIVIDUALLY; AND No. 78718 ADRIENNE SONG, INDIVIDUALLY, Appellants,. VS. FILED SCOW PENSITY, DIDtJAL, / cj

*;:d.RK O SUPA-EhIE COURT Yo-a-lay ORDER TO 0 K DEpirry CLERK!,

Thisisian appeal from a d.rct,court..04:10411.Wedin a breaCh of contract action. Initial review tilthe:d*44timitat4a11404tand documents. before this court reveals a potential juriadictional It,ris not clear whether the district court has entered a final judgment appealable under :no $ce,Lee u. onv. :corp., 116 Nev, 424/ 426, 996 P.24 416„. 417 000Q) (defining a final judgment), Neither the challenged order, Oki. -,40-Y Other written order, -appears tO tesolVe- reapiltdonts. claims again4 tOngeitt Wor,1tVod4e, 'LLC.: and 14040*Y14et*Oik, - 140 Accordingly, app1lan 1 8hall:have 30 days trona. the:date of this, order to show: cause why this '. appeal Should not-be dismissed for lack jurisdiction, In responding to this order/ app;ellants shonid'providep in-:- addition. to pointS and authorities, a too:011w distiitt CO.Urt order fitally

'Appellants docketing statement does not identi..the claims against these parties. The district court docket sheet indicates that defaults were entered against these parties, but no wIitten district court order appears to finally resolve these claims. See Estate-of Lorna:Aro v. .10n. FOrnity Ins. Grp., 124 Nev. 1060, 1068, 196 P.3d 339, 345(2008) (recognizigg the distinction between a default and a default judgment). •resolving the claims 'against Longevity. Worldwide, LLC, and Longevity Network, Ltd: Respondent May rile any reply within 14 days of service,of appellants response. Failure to demonstrate that thi0.0ou.rt has jurisdiction. may result in the dismissal:of-this appeal.. The deadlines to file clocninenta in this appeal ,are- suspended- pending further order of this cowt. It is so ORDERED.

pc: The Schnitzer Law Firm McDonald, Carano LITILits Vegas

$014110.40ffr OF

1410k IN THE St.TPIIENIE COURT OF THE sTATE•OP NEVADA

JAMES SONG, INDIVIDTJ Y; -1s1.0.:70-718 ADRIENNE SONG, INDIVIDUALM Appellatits, vs. scan PENSIVY, INDIVIDUALLY, r ED Res ondent. JAN 0 7 2020 •EtIZAT BROWN. • :S.IPREMB cougr ORDER Win': CLERK .

O. 'October' 10, 20/9, this court entered an Wier directing appellants to show cause, by November 12, 2019, why this appeal should not be dismissed for lack of jurisdiction. To date, appellants have not• filed a response or otherwise communicated with this court. Appellants shall have 14 days from the date of this order to file a response to thiS court's October 10, 2019; orkier. Failure to demonstrate that this court has jurisdiction, or failure to file •a response, may result in the dismissal of this appeal. It is so ORDERED.

, C.J.

cc: The Schnitzer. Law Firm • McDonald Carano LLP/Las Vegas