Bumb v. Young ( 2014 )


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  •                 was held. See Lee v. GNLV Corp.,      
    116 Nev. 424
    , 426 
    996 P.2d 416
    , 417
    (2000). Thereafter, the district court entered the October 8, 2013, order,
    which granted respondent's NRCP 60(b) motion for relief from the
    summary judgment order. While NRAP 3A(b)(8) allows an appeal from a
    special order entered after final judgment, an order granting NRCP 60(b)
    relief from an interlocutory order is not a special order entered after final
    judgment.
    In response to this court's show cause order, appellants
    concede that the October 17, 2012, order was not a final judgment, and
    thus, the October 8, 2013, order granting NRCP 60(b) relief is not an
    appealable special order entered after a final judgment.' Rather than
    dismissing this appeal, however, appellants request that this court stay
    this appeal and allow them to obtain a district court order certifying the
    October 17, 2012, summary judgment as final under NRCP 54(b) for the
    purpose of curing the jurisdictional defect. NRCP 54(b) allows the district
    court to certify an order as final only when the order completely removes a
    party from the district court action, and the rule does not permit
    certification when fewer than all claims pertaining to a party are resolved.
    See Taylor Constr. Co., 100 Nev. at 209, 678 P.2d at 1153 (stating that a
    court cannot create finality through NRCP 54(b) certification when an
    order is not amenable to certification). Here, the order granting summary
    judgment merely resolves fewer than all of the claims as to the parties and
    does not completely remove a party from the action, and thus, the order is
    'We grant respondent's motion to file a late reply to appellants'
    response, and we direct the clerk of this court to file the reply
    provisionally received on December 10, 2014.
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A
    not amenable to NRCP 54(b) certification. For that reason, we deny
    appellants' request to stay this appeal. As we lack jurisdiction, we
    ORDER this appeal DISMISSED.
    , C.J.
    ,   J.
    J.
    cc: Hon. Jerome Polaha, District Judge
    Phillip M. Stone
    Paul G. Yohey
    Washoe District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    (0) 1947A    e
    

Document Info

Docket Number: 64438

Filed Date: 12/30/2014

Precedential Status: Non-Precedential

Modified Date: 4/18/2021