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Sims v. Farmers Grp. Inc. ( 2022 )


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  •                                  IN THE SUPREME COURT OF THE STATE OF NEVADA
LIZA SIMS, INDIVIDUALLY AND AS                             No. 85183
EXECUTOR OF THE ESTATE OF
EDNA GLEASON,                                                                r
Appellants,                                    a   taar
vs.
FARMERS GROUP, INC., D/B/A                                     f,,i0V 01 20D
FARMERS INSURANCE EXCHANGE,
D/B/A FARMERS EXCHANGES, A
DELAWARE CORPORATION; GORDON
REES SCULLY MANSUKHANI LLP, A
LAW PARTNERSHIP; STEVEN
INOTJYE, AN INDIVIDUAL; AND
ROBERT E. SCHUMACHER, AN
INDIVIDUAL,
Res • ondents.
ORDER DISMISSING APPEAL
This is an appeal from an order awarding attorney fees after
the partial grant of a special motion to dismiss. Ninth Judicial District
Court, Douglas County; Nathan Tod Young, Judge.
This court's preliminary review indicated that the notice of
appeal appears to be premature under NRAP 4(a) because the 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 54(b). See 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 has jurisdiction over a final judgment. NRAP 3A(b)(1),
NRAP 4(a)(6). A final judgment is one that finally resolves all claims and
issues against all parties to an action and leaves nothing to the district
SUPREME COURT            court's consideration except postjudgment issues. Lee, 116 Nev. at 426, 996
OF
NEVADA
ith 14-17A    .-L.*.r,
22-
P.2d at 417. There can be only one final judgment in a case. Alper v. Posin.
    77 Nev. 328
    ,
    363 P.2d 502
     (1961), overruled on other grounds by Lee, 116
Nev. at 426,
    996 P.2d at 417
    .       And without a final judgment, orders
regarding attorney fees are likewise not ripe for appeal. Accordingly, this
court entered an order directing appellant to demonstrate why the appeal
should not be dismissed for lack of jurisdiction.
Appellant has responded and concedes that no order has finally
resolved all claims by and between all parties. Specifically, appellant does
not dispute that the claims for bad faith and breach of the insurance
contract remain pending, and does not explain the status of the claims
against Steven Inyoue and Robert E. Schumacher.
This court lacks jurisdiction, and therefore,
ORDERS this appeal DISMISSED.
J.
Hardesty
04(14at- 0          ,   J.
Stiglich
J.
Herndon
cc:   Hon. Nathan Tod Young, District Judge
David Wasick, Settlement Judge
Jane Luciano
Law Offices of William D. McCann
Gordon Rees Scully Mansukhani 11,1,13/Las Vegas
SUPREME COURT
Douglas County Clerk
OF
NEVADA
4(   I c1-17A