HONORABLE SAMUEL HEIRS v. JOSEPH HOLLEY ALFREDA WALKER TANYA REYNOLDS ALICE TYBO DUANE GARCIA SR DAVIS GONZALES JEFFREY SCOTT SYPOLT WENDALL HAYES DAVID CARRERA ANGELEA MENDEZ THALIA MARIN SUZANNA SANDOVAL ANDREA WOODS LARRY YEAGER SCS ELKO LLC DARIAN STANFORD KRISTEN HEVENER MARLA MCDADE WILLIAMS AARON FORD GOV STEVE SISOLAK THE STATE OF NEVADA AND RUBEN RAMIREZ (2023)

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order granting motions to dismiss and from a district court order denying a motion to set aside the order granting the motions to dismiss. Fourth Judicial District Court, Elko County; Kriston N. Hill, Judge. Review of the notice of appeal and documents before this court reveals a jurisdictional defect. It does not appear that either of the challenged orders is substantively appealable.

First, the order granting motions to dismiss is not appealable as a final judgment under NRAP 3(A)(b)(1). “[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.” Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000). It. appears, and appellant concedes in his docketing statement, that claims remain pending in the district court against at least one defendant who was served with process.

Second, the order denying the motion to set aside the order granting the motions to dismiss is not appealable as a special order after final judgment under NRAP 3A(b)(8). Appellant's motion to set aside appears to have sought relief under NRCP 60(b). While an order denying a post-judgment motion for relief under NRCP 60(b) is generally appealable as a special order after final judgment, there can be no special order after final judgment in the absence of a final judgment. As discussed above, no final judgment has been entered in this matter. Accordingly, the order denying the motion to set aside the order granting the motions to dismiss is not appealable as a special order after final judgment.

No other statute or court rule appears to allow an appeal from either of the challenged orders. Brown v. MHC Stagecoach, LLC, 129 Nev. 343. 345, 301 P.3d 850, 851 (2013) (this court “may only consider appeals authorized by statute or court rule”). Therefore, it appears this court lacks jurisdiction and

ORDERS this appeal DISMISSED.¹

Herndon, J.

Lee, J.

Parraguirre, J.

FOOTNOTES

1.   Appellant may file a new notice of appeal once the district court enters a final judgment.