Opinion
No. 71196
03-15-2017
Graciela ACEVES, an Individual, Appellant, v. TYCO INTEGRATED SECURITY LLC, a Foreign Limited Liability Company, Respondent.
Roger Steggerda & Associates, LLC Cisneros & Marias Shook, Hardy & Bacon/Kansas City
Roger Steggerda & Associates, LLC
Cisneros & Marias
Shook, Hardy & Bacon/Kansas City
ORDER DISMISSING APPEAL
This is an appeal from a district court order granting a motion for summary judgment. Eighth Judicial District Court, Clark County; Valerie Adair, Judge.
When our initial review of the docketing statement and documents before this court revealed a potential jurisdictional defect, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. We questioned whether a final judgment had been entered where appellant's claims against Kaufman Boulder Marketplace, LLC, Mark Kaufman, and Mark Kaufman Properties, Inc., as well as the claims in the third party complaint remained pending in the district court.
In response to our order, appellant asserts that the third party complaint was dismissed on November 16, 2016. Although appellant has not attached a copy of the order to his response, we have reviewed the order and confirmed that it resolves the claims in the third party complaint. However, appellant concedes that the claims against Kaufman Boulder Marketplace, LLC, Mark Kaufman, and Mark Kaufman Properties, Inc. remain pending in the district court. Accordingly, the challenged order is not appealable as a final judgment under NRAP 3A(b)(1), see Lee v. GNLV, Corp. , 116 Nev. 424, 996 P.2d 416 (2000) (defining a final judgment). As appellant does not assert, and it does not appear that the challenged order is otherwise appealable, we conclude that we lack jurisdiction over this appeal, see Taylor Constr. Co. v. Hilton Hotels , 100 Nev. 207, 678 P.2d 1152 (1984), and
ORDER this appeal DISMISSED.