MILNE v. MANNION (2022)

ORDER VACATING ORAL ARGUMENT AND GRANTING MOTION TO VOLUNTARILY DISMISS APPEAL

This case was previously scheduled for oral argument to be held on October 25, 2022. On October 21, appellant filed an “Unopposed Emergency Motion Under NRAP 27(e) to Vacate the Upcoming Oral Argument and Dismiss the Appeal Pursuant to NRAP 42(b).” Appellant states that the parties entered into a stipulation that resolved the parties’ dispute in July, and therefore asserts that oral argument in no longer needed and the appeal is moot.¹ As such, appellant requests to voluntarily dismiss the appeal under NRAP 42(b). Based on appellant's filing, we vacate the oral argument set for October 25 and grant the motion to voluntarily dismiss the appeal.

It is so ORDERED.

FOOTNOTES

1.   We note that a portion of the subsequent district court order entered pursuant to the stipulation may be invalid as the district court lacked jurisdiction to enter an order related to issues pending on appeal, but retains jurisdiction as to any matters independent from the order that is on appeal. Foster v. Dingwall, 126 Nev. 49, 52, 228 P.3d 453, 454-55 (2010).