Opinion
No. 66142
02-11-2015
SMALL HOLDINGS, LLC, Appellant, v. CITIMORTGAGE, INC., Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER GRANTING MOTION TO REMAND AND DISMISSING APPEAL
Appellant has filed a motion to 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 motion is accompanied by an order of the district court certifying that upon remand it will "vacate its order granting CitiMortgage, Inc.'s motion to dismiss, . . . and allow the litigation to continue consistent with the holdings in the recent SFR opinion."
Cause appearing, we grant the 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.
We deny as moot appellant's motion to extend the time to file the opening brief.
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/s/_________, J.
Saitta
/s/_________, J.
Gibbons
/s/_________, J.
Pickering
cc: Hon. Jerry A. Wiese, District Judge
Law Offices of Michael F. Bohn, Ltd.
Akerman LLP/Las Vegas
Eighth District Court Clerk