Opinion
No. 62602
10-13-2014
ROGUE MULLEN AND TANAI MULLEN BY AND THROUGH THEIR GUARDIAN AD LITEM LOURDES CASTRO; AND STAR MCTHOMAS, Appellants, v. GERALD SRABERG; AND ILENE SRABERG, Respondents.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DISMISSING APPEAL
In response to this court's April 17, 2014, order to show cause why this appeal should not be dismissed for lack of jurisdiction, all parties agree that appellant Star McThomas's claims against Renee Nash and Quintin Nash have not been formally resolved and, thus, that those claims remain pending such that no final judgment has been entered. NRAP 3A(b)(1); Lee v. GNLV Corp., 116 Nev. 424, 996 P.2d 416 (2000); KDI Sylvan Pools, Inc. v. Workman, 107 Nev. 340, 810 P.2d 1217 (1991). While appellants assert that this appeal should nonetheless be allowed to proceed because the NRCP 41(e) five-year rule mandates dismissal of those claims, that rule requires action by the district court. As it appears that no such action resolving the claims against the Nashes has been undertaken, we lack jurisdiction and
ORDER this appeal DISMISSED.
/s/_________, J.
Pickering
/s/_________, J.
Parraguirre
/s/_________, J.
Saitta
cc: Hon. Elissa F. Cadish, District Judge
Lansford W. Levitt, Settlement Judge
Law Office of David Sampson
Springel & Fink
Eighth District Court Clerk