Opinion
No. 56995.
05-23-2011
Barry L. LEVY, as Trustee of The Barry L. Levy Living Trust, Appellant, v. PROVIDENT FUNDING; and Provident Funding Associates, LP, Respondents.
Lombino Law Studio Moriarty Badaruddin & Booke Cooper Castle Law Firm, LLC
Lombino Law Studio
Moriarty Badaruddin & Booke
Cooper Castle Law Firm, LLC
ORDER DISMISSING APPEAL
This is an appeal from a district court order dismissing appellant's claims against respondents. Eighth Judicial District Court, Clark County; Michelle Leavitt, Judge.
Respondents have moved to dismiss this appeal for lack of jurisdiction, asserting that their counterclaim for a deficiency judgment remains pending below. Appellant has opposed the motion, and respondents filed a reply. Having reviewed the parties' submissions, the docketing statement, and the documents transmitted to this court pursuant to NRAP 3(g), we conclude that we lack jurisdiction over this appeal. A final judgment is one that resolves all claims as to all parties. Lee v. GNLV Corp., 116 Nev. 424, 996 P.2d 416 (2000) ; KDI Sylvan Pools v. Workman, 107 Nev. 340, 810 P.2d 1217 (1991) ; Rae v. All American Life & Cas. Co ., 95 Nev. 920, 605 P.2d 196 (1979). Here, respondents' counterclaim remains pending; additionally, nothing in the documentation before this court reveals a disposition of appellant's claims against Aegis Wholesale and Desert Funding. Absent a formal, disposition of these claims, they remain pending and the judgment is not final. KDI Sylvan Pools, 107 Nev. 340, 810 P.2d 1217. Accordingly, as we lack jurisdiction we grant respondents' motion and
ORDER this appeal DISMISSED.