Opinion
85013-COA
11-28-2023
MICHELLE LADNER, Appellant, v. EUGENE T. STANTEN, II; PREKEI STANTEN; ALCHEMY INVESTMENTS, LLC; RUSHMORE LOAN MANAGEMENT; VEGAS VALLEY EVICTION SERVICES; WFG TITLE COMPANY; AND FIRST AMERICAN TITLE INSURANCE COMPANY, Respondents.
UNPUBLISHED OPINION
ORDER DISMISSING APPEAL
Gibbons C.J.
Michelle Ladner appeals from a district court order entered following a bench trial in a contract action. Eighth Judicial District Court, Clark County; David M. Jones, Judge.
Our review of the documents before us as part of this appeal reveals a jurisdictional defect. Specifically, the challenged order is not an appealable final judgment as it does not resolve all of the claims pending in the underlying case. See Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (defining a final judgment). The parties to the underlying case filed numerous claims, cross-claims, and counterclaims against one another. Having reviewed the full record on appeal, no order has been entered in the underlying case resolving Ladner's civil conspiracy claim against Stanten and Alchemy. Likewise, the record does not include any order or decision resolving respondent Alchemy Investment's abuse of process counterclaim against Ladner.
The Nevada Supreme Court previously denied a motion to dismiss this appeal on jurisdictional grounds, reasoning that the challenged order appeared to accomplish "the final resolution of the substantive claims" and was "appealable as a final judgment." Ladner v. Stanten, Docket No. 85013 (Order, October 6, 2022). Nonetheless, the supreme court denied the motion without prejudice to the right to reconsider jurisdiction as the appeal progressed. Id.
"[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 post-judgment issues such as attorney's fees and costs." Id. Because the aforementioned claims and counterclaims remain pending below, no final judgment has been entered in this case. See id. And because the record does not indicate that the challenged order has otherwise been certified as final under NRCP 54(b), and no other statute or court rule provides for an appeal from an order like the one at issue here, we conclude that we lack jurisdiction over this appeal. See NRAP 3A(b)(1) (providing for an appeal from a final judgment); NRAP 3A(b)(2)-(10) (listing other appealable determinations); see also Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013) (stating this court "may only consider appeals authorized by statute or court rule").
Accordingly, we
Given our resolution of this matter, we deny as moot all pending motions in this appeal.
Bulla, Westbrook, J.