Opinion
No. 58597.
10-10-2011
Edward S. COLEMAN, ESQ., and Coleman Law Associates, A Nevada Professional Corporaton, Appellants, v. Frank ROMANO ; and Maria Romano, Respondents.
Stephen E. Haberfeld, Settlement Judge Coleman Law Associates Olson, Cannon, Gormley & Desruisseaux Law Offices of Richard McKnight, P.C.
Stephen E. Haberfeld, Settlement Judge
Coleman Law Associates
Olson, Cannon, Gormley & Desruisseaux
Law Offices of Richard McKnight, P.C.
ORDER DISMISSING APPEAL
This is an appeal from a district court order granting summary judgment on appellants' counterclaims. Eighth Judicial District Court, Clark County; Susan Johnson, Judge.
Respondents have filed a motion to dismiss, pointing out that the district court has not yet resolved all claims in the two consolidated actions below. In particular, respondents point out that the claims in appellants' complaint against U.S. Rent–A–Car remain pending. Appellants acknowledge the pending claims but contend that an appeal is proper because the district court statistically closed the cases below.
The document statistically closing the cases below does not formally resolve appellants' complaint against U.S. Rent–A–Car. Accordingly, those claims remain pending as no final judgment has been entered. Lee v. GNLV Corp., 116 Nev. 424, 996 P.2d 416 (2000) (describing a final judgment as one that resolves all of the claims and rights below, except for certain post-judgment issues); Mallin v. Farmers Insurance Exchange, 106 Nev. 606, 797 P.2d 978 (1990) (recognizing that consolidated district court actions are treated as one case for purposes of determining whether a final, appealable judgment has been entered). As there exists no final judgment, we lack jurisdiction over this appeal, NRAP 3A(b)(l), grant the motion as a result, and
ORDER this appeal DISMISSED.