DOUGLAS ANSELL AN INDIVIDUAL v. CARLOS JESUS TAPIA AN INDIVIDUAL (2024)

ORDER DISMISSING APPEAL

This is an appeal from a July 25, 2023, district court order granting a motion for reconsideration of an order denying a motion to dismiss the underlying complaint; a December 27, 2023, order denying a motion to reconsider the July 25 order; and a November 22, 2023, order denying a motion to strike. Eighth Judicial District Court, Clark County; Adriana Escobar, Judge.

Initial review of the docketing statement and documents before this court revealed a potential jurisdictional defect. Specifically, it appeared that although appellant's alter ego claim had been affirmatively dismissed in the district court's December 27 order, appellant's remaining claim for fraudulent and/or intentional misrepresentation remained pending such that no final judgment has been entered below. See Lee v. GNLV Corp., 116 Nev. 424, 996 P.2d 416 (2000) (defining a final judgment as a written order that finally resolves all claims against all parties to an action and leaves nothing for the future consideration of the court except for postjudgment issues such as attorney fees and costs). Accordingly, this court directed appellant to show cause why this appeal should not be dismissed for lack of jurisdiction.

In response to the order to show cause, counsel for appellant states that he filed the notice of appeal “out of an abundance of caution.” Counsel states that “[w]hile the district court's December 27, 2023, order clearly and specifically dismisses the alter ego claim, neither order explicitly dismisses the fraud claim or the entire action.” Appellant has not demonstrated that this court has jurisdiction as it appears that his claim for fraudulent and/or intentional misrepresentation remains pending below. Moran v. Bonneville Square Assocs., 117 Nev. 525, 527, 25 P.3d 898, 899 (2001) (“[T]he burden rests squarely upon the shoulders of a party seeking to invoke our jurisdiction to establish, to our satisfaction, that this court does in fact have jurisdiction.”). Accordingly, we

ORDER this appeal DISMISSED.

Herndon, J.

Lee, J.

Bell, J.