JESSE JAMES MATZ v. BRECKENRIDGE PROPERTY FUND 2016 LLC (2024)

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order granting respondent's motion for summary judgment. Eighth Judicial District Court, Clark County; Michael A. Cherry, Judge.

Review of the notice of appeal and documents before this court reveals a jurisdictional defect. Appellant asserts in his docketing statement that the order is appealable as a final judgment. See NRAP 3A(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 postjudgment issues such as attorney's fees and costs.” Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000). Here, it appears, and appellant represents in his docketing statement, that appellant's claims against defendant Western Progressive-Nevada, Inc. have not been formally resolved in an order entered by the district court. Further, the district court docket sheet indicates that Western Progressive's motion to dismiss remains pending in the district court. It therefore does not appear that the challenged order is appealable as a final judgment under NRAP 3A(b)(l).

No other statute or court rule authorizes an appeal from the challenged order. See 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”). Accordingly, we lack jurisdiction, and this appeal is dismissed. Given this dismissal, appellant's motion for stay pending appeal and appellant's motion to transmit plaintiff's list of hearing exhibits and the completed record on appeal are denied. Appellant may file a new notice of appeal once the district court enters a written order finally resolving the claims against Western Progressive.

It is so ORDERED.

Stiglich, J.

Pickering, J.

Parraguirre, J.