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Carter v. Williams

Supreme Court of Nevada
Jun 12, 2024
No. 88324 (Nev. Jun. 12, 2024)

Opinion

88324

06-12-2024

MARLON CARTER, AN INDIVIDUAL, Appellant, v. MARLON WILLIAMS, AN INDIVIDUAL; CLARK COUNTY FUNERAL SERVICES, INC., A NEVADA CORPORATION; AND COUNTY FUNERAL SERVICES, INC., A NEVADA CORPORATION, Respondents.


UNPUBLISHED OPINION

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order granting respondent Marlon Williams's motion for summary judgment. Eighth Judicial District Court, Clark County; Mark R. Denton, Judge.

Review of the notice of appeal and other documents before this court reveals jurisdictional defects. First, the notice of appeal was only served upon respondents' counsel and appellant failed to "serve the notice of appeal on all parties to the action in the district court," specifically defendants/counterclaimants Kenshia McKinzie, Shavonnie Carter, and Sheila Rae Winn. NRAP 3(d)(1); see NRAP 3(a)(2).

Second, the order resolving Williams's motion for summary judgment is not appealable as a final judgment because it does not appear to resolve all claims against all parties, and it does not appear to have been otherwise certified as final. See Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (defining a final judgment); Roe v. All Am. Life & Cos. Co., 95 Nev. 920, 922, 605 P.2d 196, 197 (1979) (providing that when multiple parties are involved in an action, a judgment is not final unless the rights and liabilities of all parties are adjudicated); NRCP 54(b). Specifically, the order does not address any of the claims or counterclaims as to defendants/counterclaimants Shavonnie Carter and Sheila Rae Winn, and it does not appear from the record that these defendants/counterclaimants were dismissed from the district court action after they were (1) served with process, and/or (2) named as a party of record and made an appearance. Valley Bank of Nev. v. Ginsburg, 110 Nev. 440, 874 P.2d 729 (1994); Em, 95 Nev. at 922, 605 P.2d at 197. Accordingly, this court lacks jurisdiction and we

ORDER this appeal DISMISSED.

Stiglich, J., Pickering J, Parraguirre, J.

Hon. Mark R. Denton, District Judge


Summaries of

Carter v. Williams

Supreme Court of Nevada
Jun 12, 2024
No. 88324 (Nev. Jun. 12, 2024)
Case details for

Carter v. Williams

Case Details

Full title:MARLON CARTER, AN INDIVIDUAL, Appellant, v. MARLON WILLIAMS, AN…

Court:Supreme Court of Nevada

Date published: Jun 12, 2024

Citations

No. 88324 (Nev. Jun. 12, 2024)