488 P3D 577 - Hoy Vs. Castellon

IN THE SUPREME COURT OF THE STATE OF NEVADA

SUSAN HOY AS GUARDIAN AD No. 82358
LITEM FOR AZRAEL HARRISON,
Appellant,
vs.
FLOWER MARIE CASTELLON; AND FILE
FLOR CABRERA, A/K/A FLOR
OLVERA, - JUN 1 0 2021
Res • ondents. A. BROWN
CLERK OF UPREME COURT
SY
EPUTY CLERK
ORDER DISMISSING APPEAL

This is an appeal from a judgment on a jury verdict and a
district court order denying a motion for a new trial. Eighth Judicial
District Court, Clark County; Linda Marie Bell, Judge.
Initial review of the docketing statement revealed potential
jurisdictional defects. First, it appeared that the judgment on jury verdict
was not appealable as a final judgment under NRAP 3A(b)(1) because the
claims brought by Robert Harrison and the claims brought against Susana
Olvera remained pending in the district court. See Lee v. GNLV Corp.,

116 Nev. 424

, 426,

996 P.2d 416, 417

 (2000) (defining a final judgment). Second,
                   in the absence of a final judgment, the order denying the motion for a new
                   trial is not appealable. See Reno Hilton Resort Corp. v. Verderber,

121 Nev. 1, 6

106 P.3d 134, 137

(2005) ("NRAP 3A(b)(2) does not permit an appeal
from an order granting or denying a new trial motion addressed to an
interlocutory order or judgment.").
In response, appellant explains that the district court entered
an order dismissing Robert Harrsion as a plaintiff. A copy of the written
order is attached to appellant's response. Accordingly, it appears the claims
brought by Robert Harrison have been finally resolved.
SUPREME COURT
OF
NEVADA

(th 1947A MarME.
With respect to the claims brought against Susana Olvera,
appellant concedes that no judgment has been entered against her.
Appellant represents that the district court denied her motion to dismiss
Olvera without prejudice and asks that this court stay this appeal and direct
the district court to allow appellant to voluntary withdraw her claims
against Olvera without prejudice, with the ability to rename her as a
defendant if this court reverses and remands for a new trial.
Appellant's request that this court direct the district court to
allow appellant to voluntarily withdraw her claims against Olvera is
improperly made in the context of a response to an order to show cause. We
thus deny that request. Because the claims against Olvera remain pending
in the district court, the district court has not yet entered a final judgment
appealable under NRAP 3A(b)(1). Where no final judgment has been
entered, the order denying the motion for a new trial is not appealable. And
no other statute or court rule appears to authorize an appeal from the
challenged orders. 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, this court lacks jurisdiction and
                                     ORDERS this appeal DISMISSED.




                                                                              J.



                                Pidettij           , J.                 (1141-5°D--            , J.
                         Pickering                                  Herndon


SUPREME COURT
         Of
     NEVADA


              attiAgOD
(0) I g47A
                                                               2
                cc:   Hon. Linda Marie Bell, Chief Judge
                      Thomas J. Tanksley, Settlement Judge
                      H&P Law, PLLC
                      Claggett & Sykes Law Firm
                      Holley Driggs/Reno
                      Bremer Whyte Brown & O'Meara, LLP/Las Vegas
                      Chattah Law Group
                      Eighth District Court Clerk




SUPREME COURT
     OF
   NEVADA



                                                3