CHRISTOPHER TODD MAGLIO v. SAMMY LUANNA RYAN (2023)

ORDER DISMISSING APPEAL

Christopher Todd Maglio appeals from a district court order dismissing his complaint in a civil action. Eighth Judicial District Court, Clark County; Michael Villani, Judge.

Our review of the notice of appeal and documents before this court reveals a jurisdictional defect. The order granting the motion to dismiss is not a final judgment appealable under NRAP 3A(b)(1) because it does not resolve respondent's counterclaim, filed on October 20, 2021. See Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (“[A] final judgment is one that disposes of all the issues presented in the case, and leaves nothing for the future consideration of the court, except for post-judgment issues such as attorney's fees and costs.”).

Accordingly, it appears that the counterclaim is still pending before the district court, such that the court has not entered a final judgment in this matter. And as no other statute or court rule otherwise authorizes an appeal from the challenged order absent the entry of a final judgment, see Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013) (providing that this court “may only consider appeals authorized by statute or court rule”), we conclude that this appeal is premature and we therefore lack jurisdiction to consider it. Accordingly, we

ORDER this appeal DISMISSED.¹

Gibbons, C.J.

Westbrook, J.

Silver, Sr.J.

FOOTNOTES

1.   The Honorable Abbi Silver, Senior Justice, participated in the decision of this matter under a general order of assignment.