One West Bank Fsb v. Pacific Woods Rental ( 2014 )

 summary judgment to resolve all issues in the case, as evidenced by
language in the district court's findings of fact and conclusions of law.
Respondent argues that the abuse of process, slander of title, and fraud
claims were implicitly resolved by the district court's findings below.
It is not clear, however, that the district court's findings
concerning issue and claim preclusion necessarily denied respondent's
claims for abuse of process, slander of title, and fraud. In the separate
case, appellant obtained an ex parte rescission of a foreclosure sale order
as well as punitive damages. The summary judgment itself, which was
entered separately from the findings of fact and conclusions of law,
expressly addressed only the causes of action for quiet title and
declaratory relief. Thus, the abuse of process, slander of title, and fraud
claims remain unresolved. See KIM Sylvan Pools, Inc. v. Workman, 107
Nev. 340, 342-43, 810 P.2d 1217, 1219 (1991) (explaining that a party's
abandonment of a claim is insufficient to render a judgment final for
jurisdictional purposes; instead, the claim must be formally resolved).
Moreover, respondent does not address whether appellant's
third-party claims against the homeowners' association and other parties
have been resolved, and neither party explains the nature of those claims.
Accordingly, it appears that the third-party claims also remain pending.
Because the district court has not entered a final judgment
below, we lack jurisdiction and
ORDER this appeal DISMISSED.
-cezt,
Hardesty
J. J.
SUPREME COURT
Douglas Cherry
OF
NEVADA
(0) 1947A
cc: Hon. Timothy C. Williams, District Judge
Janet Trost, Settlement Judge
Wright, Finlay & Zak, LLP/Las Vegas
Law Offices of Michael F. Bohn, Ltd.
David J. Winterton & Associates, Ltd.
Eighth District Court Clerk
SUPREME COVET
OF
NEVADA
2
(0) 1947A