Opinion
No. 68191
10-09-2015
GREENLAND SUPER MARKET, INC., A NEVADA CORPORATION, Appellant, v. KL VEGAS, LLC, A NEVADA LIMITED LIABILITY COMPANY, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DISMISSING APPEAL
This is an appeal from a district court order granting a motion to dismiss appellant's complaint, in part. Eighth Judicial District Court, Clark County; Susan Scann, Judge.
Respondent has filed a motion to dismiss this appeal, arguing that this court lacks jurisdiction over this appeal. Appellant has filed an opposition and respondent has filed a reply.
In its opposition, appellant asks that in the alternative, this court "convert" the appeal into a petition for writ of mandamus and/or prohibition. We note that appellant filed a petition in this regard that was docketed in this court as docket no. 68697. That petition was denied by this court's order of September 11, 2015. Accordingly, respondent's request to "convert" this appeal into a writ petition is denied.
The district court has not entered a final written judgment adjudicating all the rights and liabilities of all the parties, and the district court did not certify its order as final pursuant to NRCP 54(b). Lee v. GNLV Corp., 116 Nev. 424, 996 P.2d 416 (2000); KDI Sylvan Pools v. Workman, 107 Nev. 340, 810 P.2d 1217 (1991); Rae v. All American Life & Cas. Co., 95 Nev. 920, 605 P.2d 196 (1979). The following claims appear to remain below: appellant's claims for declaratory relief, breach of contract, breach of the implied covenant of good faith and fair dealing, and for attorney fees. Because we lack jurisdiction over this appeal, we grant respondent's motion, and we
Respondent's request for sanctions pursuant to NRAP 38 is denied. --------
/s/_________, J.
Parraguirre
/s/_________, J.
Douglas
/s/_________, J.
Cherry
cc: Hon. Susan Scann, District Judge
Lansford W. Levitt, Settlement Judge
McDonald Carano Wilson LLP/Las Vegas
Perelman & Fink
Michael B. Lee
Eighth District Court Clerk