State, Comm'R Of Ins. v. Chur ( 2022 )

IN THE SUPREME COURT OF THE STATE OF NEVADA COMMISSIONER OF INSURANCE FOR No. 84253 THE STATE OF NEVADA AS RECEIVER OF LEWIS AND CLARK LTC RICK RETENTION GROUP, INC., Appellant, vs. ROBERT CHUR; STEVE FOGG; MARK FILED GARBER; CAROL HARTER; ROBERT MAY 1 3 2022 HURLBUT; BARBARA LUMPKIN; ELIZABETH A. BROWN JEFF MARSHALL; ERIC STICKELS; CLERK Or SUPREME COURT BV Ne. UNI-TER UNDERWRITING DEPUTY CLERK MANAGEMENT CORP.; UNI-TER CLMMS SERVICES CORP.; AND U.S. RE CORPORATION, Res ondents. ORDER DISMISSING APPEAL This is an appeal challenging certain interlocutory orders denying a motion for leave to file a fourth amended complaint, granting a motion for judgment on the pleadings, entered prior to entry of the final judgment, and "all related orders and judgments." Eighth Judicial District Court, Clark County; Nancy L. Allf, Judge. Because it appeared that a timely motion to alter or amend the judgment had been filed after the entry of the judgment on jury verdict, this court directed appellant to show cause why the appeal should not be dismissed as premature. See NRAP 4(a)(2). Appellant has responded and explains that the motion to alter or amend is directed at the judgment on the jury verdict, while the appeal is challenging the interlocutory order dismissing certain parties. However, the district court did not certify any such order as final pursuant to NRCP 54(b); accordingly, the interlocutory orders are not yet ripe for appeal, as the motion to alter or amend the A-152.'30 judgrnent remains pending. This court lacks jurisdiction over a premature notice of appeal, NRAP 4(a)(6) ("A premature notice of appeal does not divest the district court of jurisdiction."), and therefore this court ORDERS this appeal DISMISSED. Hardesty ,A1;a6G1-) J. Stiglich Herndon cc: Hon. Nancy L. Allf, District Judge Lansford W. Levitt, Settlement Judge Hutchison & Steffen, LLC/Las Vegas Lipson Neilson P.C. Nelson Mullins/Miami McDonald Carano LLP/Las Vegas Eighth District Court Clerk 2 -'71y '