Kim v. Meadowood Mall Spe ( 2014 )


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  •                   Hilton Hotels, Corp., 
    100 Nev. 207
    , 209, 
    678 P.2d 1152
    , 1153 (1984)
    (stating that a court cannot create finality through NRCP 54(b)
    certification when an order is not amenable to certification); see also ICDI
    Sylvan Pools, Inc. ix Workman,    
    107 Nev. 340
    , 342, 
    810 P.2d 1217
    , 1219
    (1991) (noting that a party's intent not to pursue a counterclaim does not
    render the• claim moot or operate to formally dismiss the claim). Thus,
    despite the district court's attempt to create finality, NRCP 54(b)
    certification was improper, and respondent's counterclaims remain
    pending below.
    We cautioned appellant that failure to demonstrate that this
    court has jurisdiction could result in this court's dismissal of this appeal.
    To date, appellant has not filed a timely response to this court's show
    cause order, which was due on October 6, 2014. Accordingly, we
    ORDER this appeal DISMISSED.
    Pit aA,           J.
    Pi kering
    PH
    Parraguirre
    saitf
    cc: Hon. Jerome Polaha, District Judge
    Jonathan H. King
    Kaempfer Crowell/Reno
    Washoe District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A    ea
    

Document Info

Docket Number: 64100

Filed Date: 10/27/2014

Precedential Status: Non-Precedential

Modified Date: 10/30/2014