Alessi & Koenig, LLC v. S. Highlands Cmty. Ass'n. ( 2015 )


Menu:
  •                 attorney's fees and costs"). The district court did not certify the order as
    final pursuant to NRCP 54(b) 1 and it does not appear that any other
    statute or court rule authorizes an appeal from an order granting partial
    summary judgment. See Taylor Constr. Co. v. Hilton Hotels, 
    100 Nev. 207
    ,
    
    678 P.2d 1152
     (1984) (this court has jurisdiction to consider an appeal only
    when it is authorized by statute or court rule). Accordingly, we grant the
    motion2 and
    ORDER this appeal DISMISSED. 3
    C:St iff                J.
    Saitta
    J.
    Gibbons                                    Pickering
    1 We decline appellant's invitation to construe the order as
    containing a NRCP 54(b) certification and note that such certification
    would be improper where the district court's order did not completely
    remove a party from the action. See Mallin v. Farmers Ins. Exch., 
    106 Nev. 606
    , 
    797 P.2d 978
     (1990).
    2 The parties' stipulations for extensions of time to file the opening
    brief are denied as moot.
    3 Although  appellant is incorrect in its assertion that this court has
    jurisdiction to consider this appeal, we cannot conclude that the appeal
    was frivolous. Accordingly, we deny respondent's request to impose
    sanctions under NRAP 38(b). We caution appellant, however, that
    repeated filing of notices of appeal from orders over which this court
    clearly lacks jurisdiction may result in the imposition of sanctions. See
    NRAP 38.
    SUPREME COURT
    OF
    NEVADA
    (0) 1947A
    2
    cc:   Hon. Michelle Leavitt, District Judge
    Janet Trost, Settlement Judge
    Alessi & Koenig, LLC
    Brownstein Hyatt Farber Schreck, LLP/Las Vegas
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    10 1947A
    3
    

Document Info

Docket Number: 67436

Filed Date: 9/29/2015

Precedential Status: Non-Precedential

Modified Date: 4/17/2021