Mesi v. Pennymac Loan Servs., Llc

IN THE SUPREME COURT OF THE STATE OF NEVADA
ERIC THOMAS MESI, AN No. 83611
INDIVIDUAL,
Appellant,
vs.
PENNYMAC LOAN SERVICES, LLC,
- FILED
Respondent.
JAN 0 6 2022
ORDER DISMISSING APPEAL
This is a pro se appeal from a district court order declaring
appellant a vexatious litigant and dismissing his verified complaint for
unlawful detainer as rogue, improper, and frivolous. Eighth Judicial
District Court, Clark County; Crystal Eller, Judge.
Review of the documents before this court reveals a
jurisdictional defect. The underlying matter was commenced when
respondent filed a complaint against appellant. That matter is still being
litigated below. Thus, it does not appear that the challenged order is
appealable as a final judgment under NRAP 3A(b)(1) because respondent's
claims remain pending in the district court. See Lee v. GNLV Corp., 116
Nev. 424, 426, 996 P.2d 416, 417 (2000) (defining a final judgment as "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 coste). It also does not appear that any other statute
or court rule provides for an appeal from the challenged order. See Brown
u. MHC Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013) (this
court "may only consider appeals authorized by statute or court rule"); Peck
SUPREME COURT
OF
v. Crouser, 129 Nev. 120, 295 P.3d 586 (2013) (providing that vexatious
NEVADA
litigant orders are not independently appealable); Consol. Generator-Nev.,
Inc. v. Cummins Engine Co. 114 Nev. 1304, 1312, 971 P.2d 1251, 1256
(1998) (providing that interlocutory orders are not independently
appealable). This court lacks jurisdiction and
ORDERS this appeal DISMISSED.
, J.
Hardesty
Stiglich Herndon
cc: Hon. Crystal Eller, District Judge
Eric Thomas Mesi
Akerman LLP/Las Vegas
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
I947A 4513025
2