Opinion
No. 68458
12-01-2015
CITTMORTGAGE, INC., A FOREIGN CORPORATION, Appellant, v. HAMPTON AND HAMPTON COLLECTIONS, LLC, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DISMISSING APPEAL
This is an appeal from a district court order granting in part a motion to dismiss, or alternatively for summary judgment, in an action concerning title to real property. Eighth Judicial District Court, Clark County; Michael Villani, 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. Specifically, it appeared that the district court did not enter a final order appealable under NRAP 3A(b)(1) because claims remained pending below and the order was not certified as final pursuant to NRCP 54(b).
In response to our order, appellant concedes that claims remain pending in the district court and submits that this appeal should be dismissed. We thus conclude that we lack jurisdiction over this appeal, see NRAP 3A(b)(1); Lee v. GNLV Corp., 116 Nev. 424, 996 P.2d 416 (2000), and order this appeal dismissed. This dismissal is without prejudice to appellant's ability to file a notice of appeal from any appealable order entered in this matter. See NRAP 3A(b). We decline respondent's request to require appellant to pay respondent's fees and costs as the result of this "invalid and improper appeal,"
It is so ORDERED.
/s/_________, J.
Saitta /s/_________, J.
Gibbons /s/_________, J.
Pickering cc: Hon. Michael Villani, District Judge
Janet Trost, Settlement Judge
Aldridge Pite, LLP
Brownstein Hyatt Farber Schreck, LLP/Las Vegas
Eighth District Court Clerk