Fonseca v. Miszlay ( 2015 )


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  •                    against Jeff Miszlay. See Lee v. GNLV, Corp., 
    116 Nev. 424
    , 
    996 P.2d 416
    (2000). Third, it appeared that because the district court order
    contemplated that appellant may be permitted to file a second amended
    complaint, the order may not be final and appealable under NRAP 3A(b).
    See, Bergenfield v. BAC Home Loans Servicing, LP,     131 Nev. Adv. Op. 68,
    
    354 P.3d 1282
    , 1284 (2015).
    Appellant has filed two responses, neither of which addresses
    these jurisdictional concerns. Because appellant has not identified any
    district court order that resolves the identified outstanding claims, we
    conclude that the summary judgment order is interlocutory and not
    appealable under NRAP 3A(b)(1). Even if the order resolved all pending
    claims, it would still not be appealable under NRAP 3A(b) where appellant
    fails to demonstrate, or even argue, that the appeal is not moot or that the
    district court's order constitutes a final judgment in light of this court's
    opinion in Bergenfield . Accordingly we conclude that we lack jurisdiction
    over this appeal, and
    ORDER this appeal DISMISSED.
    Gibbons
    SUPREME COURT
    OF
    NEVADA
    (O1 I94Th    et.
    2
    cc: Hon. Susan Scann, District Judge
    Salvatore C. Gugino, Settlement Judge
    Law Offices of Eric R. Blank
    Rogers, Mastrangelo, Carvalho & Mitchell, Ltd.
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    (0} I947A    e
    

Document Info

Docket Number: 66218

Filed Date: 11/17/2015

Precedential Status: Non-Precedential

Modified Date: 11/18/2015