Vahey v. Mara Enter.'s ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
JAMES W. VAHEY, INDIVIDUALLY; No. 69340
AND OTHER HAND, LLC, A NEVADA
LIMITED LIABILITY COMPANY,
Appellants, FILED
vs.
MARA ENTERPRISES, A CALIFORNIA
JAN 2 6 2016
CORPORATION, TRACE K. UNDEMAN
CLERK OF SUPREME COURT
Respondent. BY
DEPUTY
ORDER GRANTING MOTION AND DISMISSING APPEAL
This is an appeal from a district court's findings of fact,
conclusions of law, and judgment in a real property action. Eighth
Judicial District Court, Clark County; Kathleen E. Delaney, Judge.
Respondent has filed a motion to dismiss this appeal for lack
of jurisdiction, asserting that the notice of appeal is premature because
claims asserted in a third-party complaint remain pending below.
Appellants oppose the motion and respondent has filed a reply. In their
opposition, appellants concede that this is an appeal from an interlocutory
order, but they contend that the order is appealable pursuant to NRAP
3A(b)(3), (5), (9), and (10).
NRAP 3A(b)(5) allows for an appeal from an order dissolving
or refusing to dissolve an attachment. This rule does not apply to the
instant appeal as the order appealed from expunges a lis pendens, not an
attachment. Likewise, neither NRAP 3A(b)(9) or (10) apply to this appeal
as the order appealed from neither directs an accounting nor directs a
partition, sale, or division of property.
NRAP 3A(b)(3) allows for an appeal from an order dissolving
an injunction. The order appealed from does dissolve a preliminary
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injunction. However, that fact alone does not give this court jurisdiction
over all of the other issues addressed in the order appealed from, and
addressing this singular issue would conflict with this court's policy to
avoid piecemeal appellate review. See Bally's Grand Hotel & Casino v.
Reeves, 112 Nev. 1487, 1488, 929 P.2d 936, 937 (1996).
Because claims remain pending below and no NRCP 54(b)
certification was obtained, this appeal is premature. Lee v. GNLV Corp.,
116 Nev. 424, 996 P.2d 416 (2000); KDI Sylvan Pools v. Workman, 107
Nev. 340, 810 P.2d 1217 (1991); Rae v. All American Life & Gas. Co., 95
Nev. 920, 605 P.2d 196 (1979). Accordingly, we conclude that we lack
jurisdiction over this appeal, and we grant respondent's motion to dismiss
and dismiss this appeal. This dismissal is without prejudice to appellants'
right to file an appeal from a district court order properly certified as final
under NRCP 54(b), or from a true final judgment.
It is so ORDERED
Douglas
1."7"Xe J.
Chsz(7
,
Cherry
cc: Hon. Kathleen E. Delaney, District Judge
Thomas J. Tanksley, Settlement Judge
Black & LoBello
Kolesar & Leatham, Chtd.
Eighth District Court Clerk
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