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Singer v. Select Portfolio Servicing, Inc.

SUPREME COURT OF THE STATE OF NEVADA
Feb 1, 2018
No. 71213 (Nev. Feb. 1, 2018)

Opinion

No. 71213

02-01-2018

EDELE L. SINGER, AN INDIVIDUAL; BLAIR W. MITCHELL, AN INDIVIDUAL; AND STEVEN GUILFORD, AN INDIVIDUAL, Appellants, v. SELECT PORTFOLIO SERVICING, INC., AS SERVICING AGENT FOR U.S. BANK, N.A., AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, N.A, AS TRUSTEE AS SUCCESSOR BY MERGER TO LASALLE BANK, N.A., AS TRUSTEE FOR WAMU MORTGAGE PASS THROUGH CERTIFICATES SERIES 2007-0A6 TRUST, Respondent.


ORDER DISMISSING APPEAL

This is an appeal from a district court order granting respondents' petition for judicial review and denying appellants' petition for judicial review of a foreclosure mediation. Second Judicial District Court, Washoe County; Lidia Stiglich, Judge.

Our review of this appeal reveals a jurisdictional defect. Specifically, appellants Edele Singer, Blair Mitchell, and Steven Guilford (collectively, homeowners), appeal the district court's order denying their petition for judicial review, granting respondent Select Portfolio Servicing, Inc.'s (SPS) petition for judicial review, and remanding the matter for additional mediation. The district court's order is not a final, appealable judgment under NRAP 3A(b)(1) because it did not reach a final judgment on the outcome of the foreclosure, and it remanded the matter for additional mediation within the Foreclosure Mediation Program. See Wells Fargo Bank, N.A., v. O'Brien, 129 Nev. 679, 680-81, 310 P.3d 581, 582 (2013) ("[I]n the administrative context, a district court order remanding a matter to an administrative agency is not an appealable order, unless the order constitutes a final judgment on the merits and remands merely for collateral tasks, such as calculating benefits found due."). Accordingly, we conclude that we lack jurisdiction over this appeal, and we

ORDER this appeal DISMISSED.

/s/_________, J.

Pickering

/s/_________, J.

Gibbons

/s/_________, J.

Hardesty cc: Hon. Scott Freeman, Chief Judge

Department 8, Second Judicial District Court

Jill I. Greiner, Settlement Judge

Lemons, Grundy & Eisenberg

Parsons Behle & Latimer/Reno

Washoe District Court Clerk


Summaries of

Singer v. Select Portfolio Servicing, Inc.

SUPREME COURT OF THE STATE OF NEVADA
Feb 1, 2018
No. 71213 (Nev. Feb. 1, 2018)
Case details for

Singer v. Select Portfolio Servicing, Inc.

Case Details

Full title:EDELE L. SINGER, AN INDIVIDUAL; BLAIR W. MITCHELL, AN INDIVIDUAL; AND…

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Feb 1, 2018

Citations

No. 71213 (Nev. Feb. 1, 2018)