Opinion
No. 60079.
08-28-2012
R & R/CRR HOLDINGS, LLC, A Nevada Limited Liability Company d/b/a B & P, Successor–in–Interest to Brown & Partners, Inc., Appellant, v. Cary Boeddeker KRUKOWSKI, Respondent.
Flangas McMillan Law Group, Inc. O'Reilly Law Group
Flangas McMillan Law Group, Inc.
O'Reilly Law Group
ORDER DISMISSING APPEAL
This is an appeal from a district court judgment as a matter of law in a contracts action. Eighth Judicial District Court, Clark County; Jerry A. Wiese, Judge.
In response to our order to show cause why this appeal should not be dismissed for lack of jurisdiction, the parties agree that the district court has not entered any order resolving respondent's abuse of process counterclaim. While appellant argues that the district court's order is nonetheless final because respondent has not pursued the claim, a party's intention to abandon a claim, without more, does not resolve that claim for appellate jurisdictional purposes. See KDI Sylvan Pools v. Workman, 107 Nev. 340, 810 P.2d 1217 (1991) (indicating that mere abandonment of claims does not constitute formal resolution of those claims).
Further, respondent states that the claim is still pending and should be tried. Accordingly, no final judgment has been entered, and as we therefore lack jurisdiction, NRAP 3A(b)(l) ; Lee v. GNLV Corp., 116 Nev. 424, 996 P.2d 416 (2000), we
ORDER this appeal DISMISSED.