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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Precedential Status: Non-Precedential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