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475 P.3d 774

Just Vs. First 100, Llc

Nevada Supreme Court

Decided November 20, 2020

Nevada Supreme Court · decided 2020-11-20

Relies on Brown v. MHC Stagecoach, LLC · Lee v. GNLV CORP.

Decided 2020-11-20

                           IN THE SUPREME COURT OF THE STATE OF NEVADA


                    JOEL JUST, AN INDIVIDUAL; AND                                No. 81237
                    EAGLE ROCK ASSET MANAGEMENT,
                    LLC, A FOREIGN LIMITED LIABILITY
                    COMPANY,
                                         Appellants,
                                                                                     FILE'
                                    vs.                                              NOV 2 0 2020
                    FIRST 100, LLC, A NEVADA LIMITED                                ELIZA9 rri BROWN
                    LIABILITY COMPANY; AND 1ST ONE                               CLERK OF ;.1UPREME COURT
                                                                                DY
                    HUNDRED HOLDINGS, LLC, A                                           EP CLERK

                    NEVADA LIMITED LIABILITY
                    COMPA NY,
                                         Res • ondents.

                                                  ORDER DISMISSING APPEAL

                                       This is an appeal from a district court findings of fact and
                    conclusions of law and judgment. Eighth Judicial District Court, Clark
                    County; Mark R. Denton, Judge.
                                       This court previously entered orders directing appellants to
                    show cause why this appeal should not be dismissed for lack of jurisdiction.
                    In the latest-filed order, this court indicated that the claims against Kregg
                    Hale appeared to remain pending in the district court such that no final
                    judgment appealable under NRAP 3A(b)(1) has been entered by the district
                    court. Although the claims against Hale were removed to arbitration, no
                    written, file-stamped order formally dismissing or otherwise resolving the
                    claims against Hale appeared to have been entered by the district court. In
                    response, appellants assert the claims were resolved in the March 11, 2015,
                    district court order removing the claims to arbitration.
                                       The order removing the claims against Hale to arbitration does
                    not formally dismiss or otherwise resolve the claims. It thus appears that
SUPREME COURT
        OF
     NEVADA

(0) I947A    PaP4                                                                     70
                             • ••••;77-*/-:',,1       7.   t   ft.;   •-
                                                                           t
the claims against Hale remain pending in the district court and no final
judgment appealable under NRAP 3A(b)(1) has been entered in the district
court. See Lee v. GNLV Corp., 
116 Nev. 424
, 426, 
996 P.2d 416, 417
 (2000)
(defining a final judgment). No other statute or court rule appears to allow
an appeal from the challenged order. See Brown v. 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"). Accordingly, it appears that
this court lacks jurisdiction over this appeal and
            ORDERS this appeal DISMISSED.




       Al4aug             ,J                  LIZemA,D
                                           Silver
                                                       , J.
Stiglich




cc:   Hon. Mark R. Denton, District Judge
      Janet Trost, Settlement Judge
      Takos Law Group, Ltd.
      Maier Gutierrez & Associates
      Eighth District Court Clerk




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/475/p3d/774 · .json · Public domain