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485 P.3d 750

Evenden Vs. Haack

Nevada Supreme Court

Decided April 16, 2021

Nevada Supreme Court · decided 2021-04-16

Relies on Brown v. MHC Stagecoach, LLC · Lee v. GNLV CORP. · Simmons Self-Storage Partners, LLC v. Rib Roof, Inc.

Decided 2021-04-16

                          IN THE SUPREME COURT OF THE STATE OF NEVADA


                   SEAN EVENDEN, AN INDIVIDUAL;                            No. 81473
                   AND ROGER AYALA, AN INDIVIDUAL,
                   Appellants,
                   vs.
                   NANCY HAACK, AN INDIVIDUAL;
                   AND NRS REALTY GROUP, LLC, D/B/A                                APR t 6 2021
                   LIFE REALTY,                                                 EL.77.;CiF 11 A P:*•."..:viN
                   Res ondents.                                               CLEP •                   COUR
                                                                             BY
                                                                                     Dai:1; : CLERK
                                        ORDER DISMISSING APPEAL
                               Having considered the parties arguments and the record, we
                   conclude that the appealed-from order is not an appealable final judgment
                   and that this court therefore lacks jurisdiction to consider this appeal. 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 postjudgment issues such as attorney's fees and costs."); see Brown v. MHC
                   Stagecoach, LLC, 
129 Nev. 343, 345
, 
301 P.3d 850, 851
 (2013) (observing
                   that this court has jurisdiction to consider appeals only when authorized by
                   statute or court rule). Although the appealed-from order determines that
                   appellants are liable for money damages to respondents, the order does not
                   actually award an amount of damages and contemplates further
                   proceedings to determine that amount. Until that determination is made,
                   there is no judgment for respondents to enforce. Cf. Simmons Self-Storage
                   Partners, LLC v. Rib Roof, Inc., 
127 Nev. 86, 90
, 
247 P.3d 1107, 1109
 (2011)
                   C[A] judgment must confer some right that may be enforced without further
                   orders of the court and which puts an end to the litigation." (alteration and
                   internal quotation marks omitted)); cf. Slaatte v. State, 
129 Nev. 219
, 221-

SUPREME COURT
      OF
    NEVADA

(01 1947A 446PAD                                                                       t o83
                       22, 
298 P.3d 1170, 1171
 (2013) (reinforcing the concept that a judgment that
                       imposes restitution in an uncertain amount is not an appealable final
                       judgment). Accordingly, we
                                   ORDER this appeal DISMISSED.

                                                                                 <,

                                                                                               , J.
                                                                   Cadish


                                                                            Piekkt /           , J.
                                                                   Pickering


                                                                            (A                 , J.
                                                                   Herndon




                       cc:   Hon. Stefany Miley, District Judge
                             James J. Jimmerson, Settlement Judge
                             The VerStandig Law Firm, LLC
                             Texas School of Law
                             Law Office of John Holiday
                             Shumway Van
                             Eighth District Court Clerk




SUPREME CouRT
      OF
    NEVADA
                                                            2
(0) I 947A 4400,


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