Wells Fargo Bank, N.A. v. Hulihan ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
WELLS FARGO BANK, N.A., No. 68596
Appellant,
vs.
SHARON HULIHAN, INDIVIDUALLY,
AND AS EXECUTRIX OF THE ESTATE FLED
OF GEORGIA K. HULIHAN; AND
FEB 0 1 2016
SOPHIA ALEXANDER, AS TRUSTEE
OF THE GEORGIA K. HULIHAN . I D ANvito
REVOCABLE TRUST DATED 2005,
Respondents.
ORDER DISMISSING APPEAL
This is an appeal from a district court order entered in an
action relating to real property. Eighth Judicial District Court, Clark
County; Douglas W. Herndon, Judge.
When our initial review of the docketing statement and
documents submitted to this court revealed a potential jurisdictional
defect, we ordered appellant to show cause why this appeal should not be
dismissed for lack of jurisdiction. Specifically, it appeared that the order
challenged on appeal was not appealable as a final judgment under NRAP
3A(b)(1) because respondents' claim for wrongful foreclosure remained
pending in the district court. See Lee v. GNLV Corp., 116 Nev. 424, 996
P.2d 416 (2000). In an untimely response to our order, appellant asserts
that the district court orally resolved the claim on December 3, 2014.
However, as respondents correctly note, the district court's oral order is
ineffective. See State, Diu. of Child & Family Serv.s v. Dist. Court, 120
Nev. 445, 451-52, 92 P.3d 1239, 1243-44 (2004). To the extent appellant
argues that the wrongful foreclosure claim was resolved because appellant
abandoned it, this argument lacks merit. See KDI Sylvan Pools v.
SUPREME COURT
OF
NEVADA
(0) 1947A aner
Workman, 107 Nev. 340, 342, 810 P.2d 1217, 1219 (1991) (the fact that a
party does not intend to pursue a claim does not operate as a formal
dismissal of that claim).
Accordingly, as it appears that the claim for wrongful
foreclosure remains pending in the district court, we conclude that we lack
jurisdiction over this appeal, and
ORDER this appeal DISMISSED.
;0#71
,4
Douglas
J.
cc: Hon. Douglas W. Herndon, District Judge
Akerman LLP/Las Vegas
Lee A. Drizin, Chtd.
Eighth District Court Clerk
Janet Trost, Settlement Judge
SUPREME COURT
OF
NEVADA
(0) 1947A 443p471,
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