White v. Baum

• Court: Nevada Supreme Court
• Decided: June 12, 2017
• Docket: 71314
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

STEVEN C. WHITE, INDIVIDUALLY, No. 71199 AND IN HIS CAPACITY AS MEMBER AND MANAGER OF AFFIRMED TECHNOLOGIES, LLC; JOEL QUAID, IN HIS CAPACITY AS MANAGER OF AFFIRMED TECHNOLOGIES, LLC; AND WILLIAM MILKS, IN HIS CAPACITY AS MANAGER OF JUN 1 2 2017 AFFIRMED TECHNOLOGIES, LLC, DRO Appellants, vs. DWIGHT J. BAUM, AS TRUSTEE FOR THE DWIGHT C. AND HILDAGARDE E. BAUM TRUST, INDIVIDUALLY AND DERIVATIVELY ON BEHALF OF AFFIRMED TECHNOLOGIES, LLC, A NEVADA LIMITED LIABILITY COMPANY; ROBERT BENJAMIN; DIANE BENJAMIN; JOE MLOGANOSKI; NANCY SKALLERUP; DAN SKINNER; DENISE SKINNER; GERALD SKINNER; JEFF YONCE; AND JOYCE YONCE, INDIVIDUALLY, Respondents. STEVEN C. WHITE, INDIVIDUALLY, //NO. 71314 AND IN HIS CAPACITY AS MEMBER AND MANAGER OF AFFIRMED TECHNOLOGIES, LLC; JOEL QUAID, IN HIS CAPACITY AS MANAGER OF AFFIRMED TECHNOLOGIES, LLC; AND WILLIAM MILKS, IN HIS CAPACITY AS MANAGER OF AFFIRMED TECHNOLOGIES, LLC Appellants, vs. DWIGHT J. BAUM, AS TRUSTEE FOR THE DWIGHT C. AND HILDAGARDE E. BAUM TRUST, INDIVIDUALLY AND SUPREME COURT OF NEVADA DERIVATIVELY ON BEHALF OF AFFIRMED TECHNOLOGIES, LLC A NEVADA LIMITED LIABILITY COMPANY; ROBERT BENJAMIN; DIANE BENJAMIN; JOE MLOGANOSKI; NANCY SKALLERUP; DAN SKINNER; DENISE SKINNER; GERALD SKINNER; JEFF YONCE; AND JOYCE YONCE, INDIVIDUALLY, Resoondents.

ORDER DISMISSING APPEAL IN DOCKET NO. 71314 AND REINSTATNING BRIEFING IN DOCKET NO. 71199

Docket No. 71314 is an appeal from an amended final judgment entered after an order confirming an arbitration award. Eighth Judicial District Court, Clark County; Linda Marie Bell, Judge. We previously entered an order directing appellants to show cause why that appeal should not be dismissed for lack of jurisdiction because it appeared that the amended final judgment was not appealable where it was substantively identical to the original final judgment. See Morrell v. Edwards, 98 Nev. 91, 92, 640 P.2d 1322, 1324 (1982). The parties have submitted a joint response in which they agree that the amended final judgment is not appealable because it is substantively identical to the original final judgment.' Accordingly, we conclude that we lack jurisdiction over the appeal in Docket No. 71314 and order that appeal dismissed.

'The parties explain that the amended final judgment includes exhibits referenced in the original final judgment but inadvertently not attached to it.

SUPREME COURT OF NEVADA

r 01 1947A 2 Briefing of the appeal in Docket No. 71199 is reinstated. Appellants shall have 90 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). We caution the parties that failure to comply with this order may result in the imposition of sanctions. NRAP 31(d). It is so ORDERED.

J.

cc: Hon. Linda Marie Bell, District Judge Dana Jonathon Nitz, Settlement Judge Garman Turner Gordon Fennemore Craig, P.C./Las Vegas Fennemore Craig P.C./Reno Eighth District Court Clerk