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Ford v. R.A.M.M. Corp. ( 2022 )


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  •                        IN THE SUPREME COURT OF THE STATE OF NEVADA
ROBERT FORD, AN INDIVIDUAL,                             No. 85043
Appellant,
vs.
R.A.A.M. CORP.,
FILE        11
Respondent.
OCT 06 2022
A. enwN
EME COURT
DEPU     ERK
ORDER DISMISSING APPEAL
Appellant filed a notice of appeal challenging an order denying
a motion to alter or amend the judgment. Eighth Judicial District Court,
Clark County; Susan Johnson, Judge.
Because this court has held that such orders are not
independently appealable, this court entered an order directing appellant
to show cause why the appeal should not be dismissed for lack of
jurisdiction. See NRAP 3A(b). This court further noted that although a
default had been entered against third-party defendant Valley Electric
Association, no default judgment has been entered.           Appellant has
responded and confirms that the appeal is from both the underlying
judgment and the denial of the tolling motion.
However, the jurisdictional issue remains with respect to the
default entered against Valley Electric. Appellant's argument that the
entry of default should serve as a final disposition of claims against Valley
Electric is unavailing. A default, unlike a default judgment, does not fully
resolve any claims. See generally Estate of Lornastro v. Am. Family In.s.
Grp.,
    124 Nev. 1060
    , 1068,
    195 P.3d 339
    , 345 (2008) (recognizing the
distinction between a default and a default judgment). Accordingly, the
SUPREME COURT
OF
NEVADA
(0) 1947A
22 -31 s-Z3-
district court has not entered a final written judgment adjudicating all the
rights and liabilities of all the parties, and the district court did not certify
its order as final pursuant to NRCP        4(b). Lee v. GNLV Corp.,
    116 Nev. 424
    ,
    996 P.2d 416
     (2000); KDI Sylvan Pools v. Workman,
    107 Nev. 340
    ,
    810 P.2d 1217
     (1991); Rae v. All American Life & Cas. Co.,
    95 Nev. 920
    ,
    605 P.2d 196
     (1979). This court lacks jurisdiction, and
ORDERS this appeal DISMISSED.
J.
Hardesty
..444G,0                  J.
Stiglich
Herndon
cc:   Hon. Susan Johnson, District Judge
Kristine M. Kuzemka, Settlement Judge
Law Office of Corey B. Beck, P.C.
Olson, Cannon, Gormley, & Stoberski
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
2
911) I947A