Opinion
No. 65549
02-13-2015
LEGAL INC., LLC, Appellant, v. WELLS FARGO BANK, N.A., AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE HARBORVIEW MORTGAGE LOAN TRUST MORTGAGE LOAN PASS-THROUGH CERTIFICATES, SERIES 2006-12 A/K/A WELLS FARGO BANK, NA., AS TRUSTEE FOR HARBORVIEW MORTGAGE LOAN TRUST 2006-12, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER GRANTING MOTION FOR REMAND AND DISMISSING APPEAL
The parties have filed a joint motion to dismiss this appeal and remand this matter to the district court pursuant to Huneycutt v. Huneycutt, 94 Nev. 79, 575 P.2d 585 (1978); see also Foster v. Dingwall, 126 Nev. 49, 228 P.3d 453 (2010). The motion is accompanied by an order of the district court certifying that upon remand it is inclined to "vacate its . . . Order granting the . . . motion to dismiss and enter an order denying the motion and thereby, allow litigation to continue" to allow the court to "consider the case in light of SFR v. US Bank."
Cause appearing, we grant the motion. Accordingly, we remand this matter to the district court pursuant to its certification, and we order this appeal dismissed. This dismissal is without prejudice to appellant's right to file a motion to reinstate the appeal should the district court decline to grant the relief requested. Any such motion to reinstate the appeal shall be filed within 60 days of the district court's order declining to grant the requested relief. The parties' stipulations to extend the deadline for filing the opening brief and appendix or to suspend the briefing schedule in this appeal are denied as moot.
We note that any aggrieved party may file a notice of appeal from any appealable order entered at the completion of the district court proceedings. See NRAP 3A.
It is so ORDERED.
/s/_________, J.
Parraguirre
/s/_________, J.
Douglas
/s/_________, J.
Cherry
cc: Hon. Ronald J. Israel, District Judge
Alessi & Koenig, LLC
Wright, Finlay & Zak, LLP/Las Vegas
Eighth District Court Clerk