Randall v. Randall ( 2014 )


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  •                               Having considered the response, the reply, and the parties'
    competing motions to dismiss, it appears that respondent's counterclaims
    for assault and intentional infliction of emotional distress' remain pending
    and that no final judgment has been entered. NRAP 3A(b)(1); Lee v.
    GNLV Corp., 
    116 Nev. 424
    , 
    996 P.2d 416
     (2000); KDI Sylvan Pools, Inc. v.
    Workman, 
    107 Nev. 340
    , 
    810 P.2d 1217
     (1991). Accordingly, as the notice
    of appeal was premature, we lack jurisdiction over this appeal, NRAP
    4(a)(6), and we
    ORDER this appeal DISMISSED. 2
    S   eca eirt-t;
    Hardesty
    -4    ,049gel"
    Douglas
    J.
    'To the extent that the parties also note that respondent's
    counterclaim for attorney fees has not been resolved, a request for
    attorney fees is not a cause of action and would not preclude an order from
    being a final judgment. Lee v. GNLV Corp., 
    116 Nev. 424
    , 426, 
    996 P.2d 416
    , 417 (2000) ("[A] final judgment is one that disposes of all the issues
    presented in the case, and leaves nothing for the future consideration of
    the court, except for post-judgment issues such as attorney's fees and
    costs.").
    2 Tothe extent that the parties' competing motions request relief
    other than dismissal for a premature notice of appeal, the parties' motions
    are denied.
    SUPREPAE COURT
    OF
    NEVADA
    2
    (0) 1947A
    cc: Hon. Douglas W. Herndon, District Judge
    Carolyn Worrell, Settlement Judge
    Law Offices of Richard S. Small, Esq.
    Cary Colt Payne
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    (0) 1947A    4110479
    

Document Info

Docket Number: 64074

Filed Date: 12/8/2014

Precedential Status: Non-Precedential

Modified Date: 4/18/2021