Opinion
84877-COA
04-07-2023
CHARLES N. BELSSNER, AN INDIVIDUAL, Appellant, v. WESTGATE LAS VEGAS HOTEL, LLC, A FOREIGN LIMITED-LIABILITY COMPANY; AND NAV-LVH, LLC, A NEVADA LIMITED LIABILITY COMPANY, Respondents.
UNPUBLISHED OPINION
ORDER DISMISSING APPEAL
Hon. Michael A. Cherry, Senior Judge
Charles N. Belssner appeals from a district court post-judgment order granting respondents' motion to close his case. Eighth Judicial District Court, Clark County; Michael A. Cherry, Senior Judge.
Having considered the documents before us, we conclude that this court lacks jurisdiction over this appeal. This court has jurisdiction to consider an appeal only when the appeal is authorized by statute or court rule. Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013). Here, Belssner purports to appeal from the district court's post-judgment order granting respondents' motion to close the underlying case. But as recognized in Brown, orders indicating that "no further action is contemplated and directing the clerk to mark the case closed" are not substantively appealable. Id. at 347, 301 P.3d at 852 (recognizing that orders indicating that "no further action is contemplated and directing the clerk to mark the case closed" are not final orders for purposes of appellate jurisdiction (citing Morton Inti, Inc. v. A.E. Staley Mfg. Co., 460 F.3d 470, 481-82 (3d Cir. 2006)) (internal quotation marks omitted).
Moreover, to the extent Belssner seeks to challenge the district court's September 14, 2021, judgment on the arbitration award, which is treated as a final judgment under NAR 19(B), that rule also provides that "[a] judgment entered pursuant to this rule . . . may not be appealed" unless "the district court entered a written interlocutory order disposing of a portion of the action." And because the district court did not enter such an interlocutory order, NAR 19(B) prohibits appellant from appealing the September 2021 judgment. Accordingly, we conclude that this court lacks jurisdiction, and we therefore
ORDER this appeal DISMISSED.
Gibbons, Bulla, J. Westbrook. JJ.