Opinion
No. 65734
12-16-2014
LAS VEGAS METROPOLITAN POLICE DEPARTMENT; AND CCMSI, Appellants, v. GARTH BAKER, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 a petition for judicial review in a workers' compensation matter. When our preliminary review of the documents before this court revealed a potential jurisdictional defect, we ordered appellants to show cause why this appeal should not be dismissed for lack of jurisdiction. Specifically, it appeared that in reversing the appeals officer's decision on waiver and providing respondent with an opportunity to obtain additional evidence, the district court implicitly remanded the matter for reconsideration of respondent's request to expand the scope of the workers' compensation claim, and thus, did not enter a final, appealable judgment. NRS 233B.150; NRAP 3A(b)(1); Ayala v. Caesars Palace, 119 Nev. 232, 235, 71 P.3d 490, 492 (2003), abrogated on other grounds by Five Star Capital Corp. v. Ruby, 124 Nev. 1048, 1054, 194 P.3d 709, 713 (2008).
In their timely response, appellants ask that this court find jurisdiction because the district court essentially reversed the appeals officer's decision and, based on that reversal, the appeals officer has little choice but to reopen the claim upon respondent's submission of additional evidence. Nevertheless, appellants also assert that they have reached a settlement agreement with respondent and ask this court to dismiss the appeal.
Appellants' settlement with respondent renders this appeal moot. Accordingly, we treat appellants' second request as a motion to voluntarily dismiss this appeal, see NRAP 42(b), which we grant, with the parties to bear their own costs and fees. Id. Accordingly, without resolving the jurisdictional question, we
ORDER this appeal DISMISSED.
/s/_________, J.
Pickering
/s/_________, J.
Parraguirre
/s/_________, J.
Saitta
cc: Hon. Rob Bare, District Judge
Persi J. Mishel, Settlement Judge
Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas
Greenman Goldberg Raby & Martinez
Eighth District Court Clerk