Zaisan Enter.'s LLC v. the Bank of New York Mellon

• Court: Nevada Supreme Court
• Decided: January 18, 2017
• Docket: 70708
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

ZAISAN ENTERPRISES LLC, No. 70708 Appellant, vs. THE FALLS AT RHOADS RANCH CONDOMINIUM OWNERS ASSOCIATION, INC., A NEVADA NON- FILE PROFIT CORPORATION, JAN 1 12017 Respondent/Cross-Appellant, and THE BANK OF NEW YORK MELLON, F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATE HOLDERS OF THE CWALT, INC., ALTERNATIVE LOAN TRUST 2004-10CB, MORTGAGE PASS THROUGH CERTIFICATES; AND COUNTRYWIDE HOME LOANS, INC., Respondents/Cross-Respondents, and ALESSI & KOENIG, LLC, A NEVADA LIMITED LIABILITY COMPANY, Respondent.

ORDER DISMISSING APPEALS

This is an appeal and cross-appeal from a district court judgment of quiet title. Eighth Judicial District Court, Clark County; Gloria Sturman, Judge. When our initial review of the docketing statements and documents before this court revealed potential jurisdictional defects, we ordered appellant and respondent/cross- appellant to show cause why these appeals should not be dismissed for lack of jurisdiction. We questioned whether a final judgment appealable under NRAP 3A(3)(1) had been entered where it appeared that claims remained pending in the district court, see Lee v. GNLV Corp., 116 Nev. SUPREME COURT OF NEVADA

(0) 1947A 424, 426, 996 P.2d 416, 417 (2000), and the district court's certification of the order as final under NRCP 54(b) was improper because it did not completely remove any party from the action, see NRCP 54(b). To date, appellant has failed to respond to our order. Respondent/cross-appellant has filed a response, but does not assert that a final judgment has been entered and declines to respond to this court's concerns regarding the NRCP 54(b) certification. We conclude that because claims remain pending in the district court, the challenged order is not appealable as a final judgment under NRAP 3A(b)(1). Further, because it appears that the order does not completely remove any party from the action, the purported NRCP 54(b) certification was improper. See Mallin v. Farmers Ins. Exch., 106 Nev. 606, 797 P.2d 978 (1990). Accordingly, it appears that we lack jurisdiction, and we ORDER these appeals DISMISSED.

freIA

Hardesty

Al4G4.-0 ,J. Parraguirre Stiglich

cc: Hon. Gloria Sturman, District Judge Eleissa C. Lavelle, Settlement Judge Wolfe Thompson Akerman LLP/Las Vegas Wright, Finlay & Zak, LLP/Las Vegas HOA Lawyers Group, LLC Lipson Neilson Cole Seltzer & Garin, P.C. Eighth District Court Clerk SUPREME COURT OF NEVADA 2 (0) 1947A 11 42(io