SMART ADVERTISING INC NEVADA CORPORATION HAMID JALALI INDIVIDUALLY AND RAMIN JALALI INDIVIDUALLY v. << (2024)

ORDER ADMINISTRATIVELY CLOSING APPEAL IN DOCKET NO. 87766 AND MODIFYING CAPTION

On December 21, 2023, Smart Advertising, Inc., Hamid Jalali, and Ramin Jalali (Smart Advertising) filed an amended notice of appeal, which stated that these parties were amending their prior notice of appeal, which was pending in Docket No. 87384, to include a district court order granting plaintiff's motion for attorney fees and an order granting, in part, plaintiff's motion for additur. Because the order granting plaintiffs motion for attorney fees is an independently appealable order, this court docketed the amended notice of appeal in Docket No. 87766 and issued a notice directing Smart Advertising to pay the filing fee within 7 days. Further review of the notice of appeal documents indicates that the district court treated the motion for additur as a timely motion filed under NRCP 59(a)(1)(E). Because of this, Smart Advertising properly submitted an amended notice of appeal, for which no additional fee was required. See NRAP 4(a)(5), (7). Accordingly, we conclude no filing fee is due with respect to the amended notice of appeal and Smart Advertising may disregard the notice issued by this court on December 21, 2023 in Docket No. 87766.

Smart Advertising's amended notice of appeal should have been filed in Docket No. 87384. Because Jan Bruner's notice of cross-appeal states that she is appealing from one of the orders listed in Smart Advertising's amended notice of appeal, we conclude that in the interest of judicial economy the notice of cross-appeal filed by Jan Bruner should also be filed in Docket No. 87384. Accordingly, we direct the clerk of this court to transfer all documents in Docket No. 87766 to the appeal pending in Docket No. 87384 and administratively close the appeal in Docket No. 87766. The clerk of this court shall modify the caption in Docket No. 87384 to read as follows:

SMART ADVERTISING, INC., A NEVADA CORPORATION; HAMID JALALI, INDIVIDUALLY; AND RAMIN JALALI, INDIVIDUALLY, Appellants/Cross-Respondents,

vs.

RENEA CROSTA, AN INDIVIDUAL, Respondent

and

JAN BRUNER, AN INDIVIDUAL Respondent/Cross-Appellant

It is so ORDERED.

Cadish, C.J.