Opinion
No. 78718
02-21-2020
James SONG, Individually; and Adrienne Song, Individually, Appellants, v. Scott PENSIVY, Individually, Respondent.
The Schnitzer Law Firm McDonald Carano LLP/Las Vegas
The Schnitzer Law Firm
McDonald Carano LLP/Las Vegas
ORDER DISMISSING APPEAL
This is an appeal from findings of fact and conclusions of law and judgment. Eighth Judicial District Court, Clark County; Joanna Kishner, Judge.
On October 10, 2019, this court entered an order directing appellants to show cause why this appeal should not be dismissed for lack of jurisdiction. The order stated that failure to demonstrate that this court has jurisdiction could result in the dismissal of this appeal. Appellants failed to file a response or otherwise communicate with this court. Accordingly, on January 7, 2020, this court entered an order directing appellants to file a response by January 21, 2020. The order stated that failure to demonstrate that this court has jurisdiction, or failure to file a response, could result in the dismissal of this appeal. To date, appellants have failed to file a response or otherwise communicate with this court. Accordingly, this court
A copy of this order is attached.
A copy of this order is attached.
ORDERS this appeal DISMISSED
ATTACHMENT A
IN THE SUPREME COURT OF THE STATE OF NEVADA
JAMES SONG, INDIVIDUALLY; AND ADRIENNE SONG, INDIVIDUALLY, Appellants,
vs.
SCOTT PENSIVY, INDIVIDUALLY, Respondent.
No. 78718
FILED OCT 10 2019
ORDER TO SHOW CAUSE
This is an appeal from a district court order entered in a breach of contract action. Initial review of the docketing statement and documents before this court reveals a potential jurisdictional defect. It is not clear whether the district court has entered a final judgment appealable under NRAP 3A(b)(i). See Lee v. GNLV Corp. , 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (defining a final judgment). Neither the challenged order, nor any other written order, appears to resolve respondent’s claims against Longevity Worldwide, LLC, and Longevity Network, Ltd.
Appellants’ docketing statement does not identify the claims against these parties. The district court docket sheet indicates that defaults were entered against these parties, but no written district court order appears to finally resolve these claims. See Estate of Lomastro v . Am. Family Ins. Grp. , 124 Nev. 1060, 1068, 195 P.3d 339, 345 (2008) (recognizing the distinction between a default and a default judgment).
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Accordingly, appellants shall have 30 days from the date of this order to show cause why this appeal should not be dismissed for lack of jurisdiction. In responding to this order, appellants should provide, in addition to points and authorities, a copy of any district court order finally resolving the claims against Longevity Worldwide, LLC, and Longevity Network, Ltd, Respondent may file any reply within 14 days of service of appellants’ response. Failure to demonstrate that this court has jurisdiction may result in the dismissal of this appeal.
The deadlines to file documents in this appeal are suspended pending further order of this court.
It is so ORDERED.
/s/ Gibbons, C.J.
cc: The Schnitzer Law Firm
McDonald Carano LLP/Las Vegas
ATTACHMENT B
IN THE SUPREME COURT OF THE STATE OF NEVADA
JAMES SONG, INDIVIDUALLY; AND ADRIENNE SONG, INDIVIDUALLY, Appellants,
vs.
SCOTT PENSIVY, INDIVIDUALLY, Respondent.
No. 78718
FILED JAN 07 2020
ORDER
On October 10, 2019, this court entered an order directing appellants to show cause, by November 12, 2019, why this appeal should not be dismissed for lack of jurisdiction. To date, appellants have not filed a response or otherwise communicated with this court.
Appellants shall have 14 days from the date of this order to file a response to this court’s October 10, 2019, order. Failure to demonstrate that this court has jurisdiction, or failure to file a response, may result in the dismissal of this appeal.
It is so ORDERED.
/s/ Pickering, C.J.
cc: The Schnitzer Law Firm
McDonald Carano LLP/Las Vegas