Portale v. Exx, Inc.

 entered February 10, 2014, setting the value of the stock was a final
appealable judgment and the notice of appeal was untimely.
Respondents/cross-appellants and respondents also move to dismiss the
appeal of the award of fees and costs on the ground that the motion was
untimely filed in the district court in violation of NRCP 54(d)(2)(B) and
because appellants have accepted payment. The motion is opposed.
We conclude that the district court's order establishing the
value of the stock was not a final appealable order because it did not set
forth a final judgment amount. Lee v. GNLV Corp., 116 Nev. 424, 996
P.2d 416 (2000). Moreover, it appears that the district court has not yet
entered a final written order including its final calculation of the
judgment. The notice of appeal is therefore premature. See NRAP 4(a)(1);
Rust v. Clark Cnty. Sch. Dist., 103 Nev. 686, 688, 747 P.2d 1380, 1381
(1987). Accordingly the appeal from the February 10, 2014, order is
dismissed without prejudice to appellants/cross-respondents' right to
appeal from a final written judgment. See NRAP 3A.
Respondents/cross-appellants and respondents also move to
dismiss the appeal from the order awarding attorney fees and costs on the
ground that it was untimely filed in the district court in violation of NRCP
54. This argument goes to the merits of the appeal rather than to the
jurisdiction of this court. Nevertheless, while ordinarily, an order
awarding attorney fees and costs is appealable as a special order after
final judgment, in this case because there has been no final order, the
appeal of the attorney fee award is also premature. See NRAP 3A(b)(8)
(allowing appeals from special orders after final judgment); Lee v. GNLV
Corp., 116 Nev. 424, 996 P.2d 416 (2000) (explaining that attorney fee and
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cost awards rendered after a final judgment are appealable post-judgment
orders). Accordingly, we
ORDER these appeals DISMISSED.'
Cytthe. j.
Saitta
, J.
Pickering
cc: Hon. Susan Scann, District Judge
Michael H. Singer, Settlement Judge
Sklar Williams LLP
Greenberg Traurig, LLP/Las Vegas
Eighth District Court Clerk
'The parties stipulated motion to consolidate these appeals is denied
as moot.
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