Opinion
No. 65558
12-30-2014
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 to this appeal have filed a 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 parties' motion is accompanied by an order of the district court certifying that upon remand it will enter an order "vacat[ing] its April 1, 2014 Order[,] enter an order denying the motion to dismiss and, thereby, allow litigation to continue consistent with the holdings in the recent SFR opinion."
Cause appearing, we grant the parties' 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 this appeal should the district court decline to grant the relief requested. Any such motion to reinstate this appeal shall be filed within 60 days of the district court's order declining to grant the requested relief.
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.
Pickering
/s/_________, J.
Parraguirre
/s/_________, J.
Saitta
cc: Hon. Jerry A. Wiese, District Judge
Howard Kim & Associates
Akerman LLP/Las Vegas
Eighth District Court Clerk