Opinion
88043
08-30-2024
MEI-GSR HOLDINGS, LLC, A NEVADA LIMITED LIABILITY COMPANY; GRAND SIERRA RESORT UNIT OWNERS' ASSOCIATION, A NEVADA NONPROFIT CORPORATION; AM-GSR HOLDINGS, LLC, A NEVADA LIMITED LIABILITY COMPANY; AND GAGE VILLAGE COMMERCIAL DEVELOPMENT, LLC, A NEVADA LIMITED LIABILITY COMPANY, Appellants/Cross-Respondents, v. ALBERT THOMAS; JANE DUNLAP; JOHN DUNLAP; BARRY HAY; MARIE-ANNIE ALEXANDER, AS TRUSTEE OF THE MARIE-ANNE ALEXANDER LIVING TRUST; MELISSA VAGUJHELYI AND GEORGE VAGUJHELYI, AS TRUSTEES OF THE GEORGE VAGUJHELYI AND MELISSA VAGUJHELYI 2001 FAMILY TRUST AGREEMENT U/T/A APRIL 13, 2001; D'ARCY NUNN; HENRY NUNN; MADELYN VAN DER BOKKE; LEE VAN DER BOKKE; DONALD SCHREIFELS; ROBERT R. PEDERSON, INDIVIDUALLY AND AS TRUSTEE OF THE PEDERSON 1990 TRUST; LOU ANN PEDERSON, INDIVIDUALLY AND AS TRUSTEE OF THE PEDERSON 1990 TRUST; LORI ORDOVER; WILLIAM A. HENDERSON, INDIVIDUALLY; CHRISTINE E. HENDERSON; LOREN D. PARKER; SUZANNE C. PARKER; MICHAEL IZADY; STEVEN TAKAKI; FARAD TORABKHAN; SAHAR TAVAKOL; M&Y HOLDINGS. LLC; JL&YL HOLDINGS, LLC; SANDI RAINES; R. RAGHURAM; USHA RAGHURAM; LORI K. TOKUTOMI; GARRET TOM; ANITA TOM; RAMON FADRILAN; FAYE FADRILAN; PETER K. LEE AND MONICA L. LEE, AS TRUSTEES OF THE LEE FAMILY 2002 REVOCABLE TRUST; ELIAS SHAMIEH; JEFFREY QUINN; BARBARA ROSE QUINN; KENNETH RICHE; MAXINE RICHE; NORMAN CHANDLER; BENTON WAN; TIMOTHY D. KAPLAN; SILKSCAPE INC A CALIFORNIA CORPORATION; PETER CHENG; ELISA CHENG; GREG A. CAMERON; TMI PROPERTY GROUP, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; RICHARD LUTZ; SANDRA LUTZ; MARY A. KOSSICK; MELVIN H. CHEAH; DI SHEN; NADINE'S REAL ESTATE INVESTMENTS, LLC; AJIT GUPTA; SEEMA GUPTA; FREDRICK FISH; LISA FISH; ROBERT A. WILLIAMS; JACQUELIN PHAM; MAY ANN HOM, AS TRUSTEE OF THE MAY ANN HOM TRUST; MICHAEL HURLEY; DOMINIC YIN; DUANE WINDHORST; MARILYN WINDHORST; VINOD BHAN; ANNE BHAN; GUY P. BROWNE; GARTH A. WILLIAMS; PAMELA Y. ARATANI; DARLENE LINDGREN; LAVERNE ROBERTS; DOUGMECHAM; CHRISINE MECHAM; KWANGSOO SON; SOO YEUN MOON; JOHNSON AKINDODUNSE; IRENE WEISS, AS TRUSTEE OF THE WEISS FAMILY TRUST; PRAVESH CHOPRA; TERRY POPE; NANCY POPE; JAMES TAYLOR; RYAN TAYLOR; KI HAM; YOUNG JA CHOI; SANG DAE SOHN; KUK HYUNG (CONNIE) YOO; SANG SOON (MIKE) YOO; BRETT MENMUIR, AS TRUSTEE OF THE CAYENNE TRUST; WILLIAM MINER, JR.; CHANH TRUONG; ELIZABETH ANDERS MECUA; SHEPARD MOUNTAIN, LLC, A TEXAS LIMITED LIABILITY COMPANY; ROBERT BRUNNER; AMY BRUNNER; JEFF RIOPELLE; PATRICIA M. MOLL; AND DANIEL MOLL, Respondents/Cross- Appellants.
UNPUBLISHED OPINION
ORDER DISMISSING APPEAL AND CROSS-APPEAL
Cadish, C.J.
This is an appeal and cross-appeal from a January 4, 2024, district court order granting in part plaintiffs' fees and an October 3, 2023, district court order on motion for attorney's fees incurred for order to show cause trial. Together, the orders grant, in part, cross-appellants' motion seeking attorney fees under NRS 22.010 based on a contempt finding related to the withdrawal of funds from the receivership estate. Second Judicial District Court, Washoe County; Elizabeth Gonzalez, Sr. Judge.
When this court's initial review of the notices of appeal and docketing statements revealed a potential jurisdictional defect, the parties were directed to show cause why this appeal and cross-appeal should not be dismissed for lack of jurisdiction. In particular, the order noted, the district court has not yet entered a final judgment appealable under NRAP 3A(b)(1), as the receivership proceedings remain pending. Lee v. GNLV Corp., 116 Nev. 424, 426, 996, P.2d 416, 417 (2000) ("[A] final judgment is one that disposes of all the issues presented in the case, and leaves nothing for the future consideration of the court, except for post-judgment issues such as attorney's fees and costs."); see MEI-GSR Holdings, LLC VS. Thomas, Docket Nos. 85915/86092/86985/87243/87303/87566/87567/87685 (Order Resolving Motions, Dismissing and Consolidating Appeals, and Reinstating Briefing, Dec. 29, 2023). Thus, it appeared, the attorney fees orders were not appealable as special orders after final judgment, NRAP 3A(b)(8); Gumm v. Mainor, 118 Nev. 912, 920, 59 P.3d 1220, 1225 (2002) (a special order entered after a final judgment is one that affects "the rights of some party to the action" growing out of the final judgment), and contempt orders are not independently appealable, Pengilly v. Rancho Santa Fe Homeowners Ass'n, 116 Nev. 646, 649, 5 P.3d 569, 571 (2000) (determining that contempt orders are not appealable).
The parties have timely responded to the show cause order, each conceding that, based on NRAP 3A(b)(8) and the law of the case, this court lacks jurisdiction over this appeal and cross-appeal. Accordingly, we
ORDER this appeal and cross-appeal DISMISSED.
In light of this order, the motion to consolidate this docket with the writ petition in Docket No. 88444 is denied as moot.
Pickering, J. Bell, J.
Hon. Elizabeth Gonzalez, Senior Judge, Chief Judge, The Second Judicial District Court