SILVER CREEK CAPITAL LLC NEVADA LIMITED LIABILITY COMPANY v. BANK OF AMERICA NATIONAL BANKING ASSOCIATION (2024)

ORDER DISMISSING APPEAL

This is an appeal from a district court order granting respondent's motion to expunge lis pendens. Eighth Judicial District Court, Clark County; Susan Johnson, Judge.

Review of the notice of appeal and the documents before this court reveals a jurisdictional defect. Specifically, it appears that the order designated in the notice of appeal is not substantively appealable. See NRAP 3A(b). This court has jurisdiction to consider an appeal only when the appeal is authorized by statute or court rule. Taylor Constr. Co. v. Hilton Hotels, 100 Nev. 207, 678 P.2d 1152 (1984). No statute or court rule provides for an appeal from an order expunging lis pendens. See Tahican, LLC v. Eighth. Jud. Dist. Ct., 139 Nev. Adv. Op. 2, 523 P.3d 550, 553 (2023), as amended (Feb. 9, 2023) (“An order denying a motion to expunge a lis pendens is not substantively appealable.”); Matter of Est. of Baclet, No. 85255, 2022 WL 4760407 (Nev, Sep. 30, 2022) (Order Dismissing Appeal); Garciai v. Salazar, No. 84464, 2022 WL 1302178 (Nev, Apr. 29, 2022) (Order Dismissing Appeal); see also Meadow Valley Min. Co. v. Dodds, 6 Nev. 261, 263-64 (1871) (“If an order granting an injunction also embraces, as in this case, a further order or requirement entirely independent of the injunction, ․ we do not see that an appeal from that portion of the order which is appealable will warrant a review of another portion which is not, and which, although embraced in the same order, is really independent and distinct in itself.”).

In respondent's response to appellant's docketing statement, respondent points out this jurisdictional defect. In reply, appellant concedes that this court lacks jurisdiction. Accordingly, we

ORDER this appeal DISMISSED,

Herndon, J.

Lee, J.

Bell, J.