Arriba v. Bank of America, N.A. ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
EVA ARRIBA, AN INDIVIDUAL, No. 69026
Appellant,
vs.
BANK OF AMERICA, N.A.,
SUCCESSOR BY MERGER TO BAC FILED
HOME LOANS SERVICING, LP F/K/A
COUNTRYWIDE HOME LOANS
MAY 1 1 2016
SERVICING, LP, A NATIONAL CLERK
K. LINDEMAN
CLERK OP SUPREME COURT
BANKING ASSOCIATION, DEPUTY CLER.
Respondent.
ORDER DISMISSING APPEAL
This is an appeal from a district court order granting a motion
for summary judgment in an action for interpleader and related claims.
When our initial review of the docketing statement and documents before
this court revealed a potential jurisdictional defect, we ordered appellant
to show cause why this appeal should not be• dismissed for lack of
jurisdiction. Specifically, it appeared that the district court had not
entered a final judgment appealable under NRAP 3A(b)(1) because the
interpleader claim remained pending in the district court.
In response, appellant concedes that the interpleader action
remains unresolved but asserts that the challenged order resolves all of
the issues between the parties to this appeal. Because the interpleader
claim remains pending in the district court and the district court did not
certify its order as final pursuant to NRCP 54(b) 1 the order is not
1-We express no opinion as to whether any such certification would
be proper. See NRCP 54(b); MaIlin u. Farmers Ins. Exch., 106 Nev. 606,
797 P.2d 978 (1990).
SUPREME COURT
OF
NEVADA
10) 1947A
appealable as a final judgment under NRAP 3A(b)(1). See Lee v. GNLV
Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (defining a final
judgment). Accordingly, we conclude that we lack jurisdiction over this
appeal, and we
ORDER this appeal DISMISSED
J.
cc: Hon. Jessie Elizabeth Walsh, District Judge
Janet Trost, Settlement Judge
The Wright Law Group
Akerman LLP/Las Vegas
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
2
(Op 1947A 0