Wells Fargo Bank, N.A. v. Hulihan

Nevada Supreme Court

Wells Fargo Bank, N.A. v. Hulihan

DecidedFebruary 1, 2016

Docket68596

StatusUnpublished

This text of Wells Fargo Bank, N.A. v. Hulihan (Wells Fargo Bank, N.A. v. Hulihan) 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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Wells Fargo Bank, N.A. v. Hulihan, (Neb. 2016).

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IN THE SUPREME COURT OF THE STATE OF NEVADA

WELLS FARGO BANK, N.A., No. 68596 Appellant, vs. SHARON HULIHAN, INDIVIDUALLY, AND AS EXECUTRIX OF THE ESTATE FLED OF GEORGIA K. HULIHAN; AND FEB 0 1 2016 SOPHIA ALEXANDER, AS TRUSTEE OF THE GEORGIA K. HULIHAN . I D ANvito

REVOCABLE TRUST DATED 2005, Respondents.

ORDER DISMISSING APPEAL

This is an appeal from a district court order entered in an action relating to real property. Eighth Judicial District Court, Clark County; Douglas W. Herndon, Judge. When our initial review of the docketing statement and 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 appeared that the order challenged on appeal was not appealable as a final judgment under NRAP 3A(b)(1) because respondents' claim for wrongful foreclosure remained pending in the district court. See Lee v. GNLV Corp., 116 Nev. 424, 996 P.2d 416 (2000). In an untimely response to our order, appellant asserts that the district court orally resolved the claim on December 3, 2014. However, as respondents correctly note, the district court's oral order is ineffective. See State, Diu. of Child & Family Serv.s v. Dist. Court, 120 Nev. 445, 451-52, 92 P.3d 1239, 1243-44 (2004). To the extent appellant argues that the wrongful foreclosure claim was resolved because appellant abandoned it, this argument lacks merit. See KDI Sylvan Pools v. SUPREME COURT OF NEVADA

(0) 1947A aner Workman, 107 Nev. 340, 342, 810 P.2d 1217, 1219 (1991) (the fact that a party does not intend to pursue a claim does not operate as a formal dismissal of that claim). Accordingly, as it appears that the claim for wrongful foreclosure remains pending in the district court, we conclude that we lack jurisdiction over this appeal, and ORDER this appeal DISMISSED.

;0#71 ,4 Douglas

J.

cc: Hon. Douglas W. Herndon, District Judge Akerman LLP/Las Vegas Lee A. Drizin, Chtd. Eighth District Court Clerk Janet Trost, Settlement Judge

SUPREME COURT OF NEVADA

(0) 1947A 443p471, 2

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IN THE SUPREME COURT OF THE STATE OF NEVADA

WELLS FARGO BANK, N.A., No. 68596 Appellant, vs. SHARON HULIHAN, INDIVIDUALLY, AND AS EXECUTRIX OF THE ESTATE FLED OF GEORGIA K. HULIHAN; AND FEB 0 1 2016 SOPHIA ALEXANDER, AS TRUSTEE OF THE GEORGIA K. HULIHAN . I D ANvito

REVOCABLE TRUST DATED 2005, Respondents.

ORDER DISMISSING APPEAL

This is an appeal from a district court order entered in an action relating to real property. Eighth Judicial District Court, Clark County; Douglas W. Herndon, Judge. When our initial review of the docketing statement and 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 appeared that the order challenged on appeal was not appealable as a final judgment under NRAP 3A(b)(1) because respondents' claim for wrongful foreclosure remained pending in the district court. See Lee v. GNLV Corp., 116 Nev. 424, 996 P.2d 416 (2000). In an untimely response to our order, appellant asserts that the district court orally resolved the claim on December 3, 2014. However, as respondents correctly note, the district court's oral order is ineffective. See State, Diu. of Child & Family Serv.s v. Dist. Court, 120 Nev. 445, 451-52, 92 P.3d 1239, 1243-44 (2004). To the extent appellant argues that the wrongful foreclosure claim was resolved because appellant abandoned it, this argument lacks merit. See KDI Sylvan Pools v. SUPREME COURT OF NEVADA

(0) 1947A aner Workman, 107 Nev. 340, 342, 810 P.2d 1217, 1219 (1991) (the fact that a party does not intend to pursue a claim does not operate as a formal dismissal of that claim). Accordingly, as it appears that the claim for wrongful foreclosure remains pending in the district court, we conclude that we lack jurisdiction over this appeal, and ORDER this appeal DISMISSED.

;0#71 ,4 Douglas

J.

cc: Hon. Douglas W. Herndon, District Judge Akerman LLP/Las Vegas Lee A. Drizin, Chtd. Eighth District Court Clerk Janet Trost, Settlement Judge

SUPREME COURT OF NEVADA

(0) 1947A 443p471, 2

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