481 P3D 1255 - Robinson Vs. Waldo

         IN THE SUPREME COURT OF THE STATE OF NEVADA


 RONALD J. ROBINSON,                                      No. 82122
                  Appellant,
                      ,

 REVA WALDO,                                                    FILED
                          Respondent.




                      ORDER DISMISSING APPEAL

            This is an appeal from a judgment in an action to recover
money. Eighth Judicial District Court, Clark County; Timothy C. Williams,
                                                    IP'
Judge.
            Because preliminary review of the docketing statement and the
documents submitted to this court pursuant to NRAP 3(g) indicated a
jurisdictional defect, this court directed appellant to show cause why the
appeal should not be dismissed. Specifically, although the district court
granted certification of the order appealed from as final pursuant to NRCP
54(b), the certification is improper because the district court did not make
an express determination that there is no just reason for delay. Aldabe v.
Evans,

83 Nev. 135

425 P.2d 598

 (1967).
            ln response, appellant proposes that despite the ineffective
certification, the order may be construed as final for purposes of appeal
because it resolves the last claims against appellant and all other parties
had been previously dismissed. However, as appellant concedes, and as
respondent confirms in response, the court orally dismissed Frank Yoder
and Alisa Davis; no written order has been entered dismissing Yoder or
Davis. I3efore the entry of a final written judgment, a decision by the district


                                                                2,1-6601
court is not appealable.    See NRAP 4(a)(1); Rust v. Clark Cty. School
District,

103 Nev. 686

747 P.2d 1380

 (1987). Therefore, the order appealed
from does not finally resolve all claims against all the parties to the action
and is ineffective for the purpose of appeal. See Lee v. GNLV Corp.,

116 Nev. 424

, 426,

996 P.2d 416, 417

 (2000) (defining a final judgment). This court
lacks jurisdiction and
            ORDERS this appeal DISMISSED.'




                         Cadish


       A        uf                                                     J.
Pickering




cc:   Hon. Timothy C. Williams, District Judge
      Law Offices of Michael F. Bohn, Ltd.
      The Law Offices of David Liebrader, APC
      Eighth District Court Clerk




      'Appellant may appeal from a final written order resolving all claims
against all parties, or from a proper certification pursuant to NRCP 54(b).

       Pursuant to appellant's March 2, 2021, "Motion to Withdraw Motion
Incorrectly Filed in This Case," this court takes no action in regard to
appellant's motion to stay briefing filed on February 3, 2021. The clerk shall
strike the motion to stay briefing.


                                      2