FORD v. CORP (2022)

ORDER DISMISSING APPEAL

Because this court has held that such orders are not independently appealable, this court entered an order directing appellant to show cause why the appeal should not be dismissed for lack of jurisdiction. See NRAP 3A(b). This court further noted that although a default had been entered against third-party defendant Valley Electric Association, no default judgment has been entered. Appellant has responded and confirms that the appeal is from both the underlying judgment and the denial of the tolling motion.

However, the jurisdictional issue remains with respect to the default entered against Valley Electric. Appellant's argument that the entry of default should serve as a final disposition of claims against Valley Electric is unavailing. A default, unlike a default judgment, does not fully resolve any claims. See generally Estate of Lomastro v. Am. Family Ins. Grp., 124 Nev. 1060, 1068, 195 P.3d 339, 345 (2008) (recognizing the distinction between a default and a default judgment). Accordingly, the district court has not entered a final written judgment adjudicating all the rights and liabilities of all the parties, and the district court did not certify its order as final pursuant to NRCP 54(b). Lee v. GNLV Corp., 116 Nev. 424, 996 P.2d 416 (2000); KDI Sylvan Pools v. Workman, 107 Nev. 340, 810 P.2d 1217 (1991); Rae v. All American Life & Cas. Co., 95 Nev. 920, 605 P.2d 196 (1979). This court lacks jurisdiction, and

ORDERS this appeal DISMISSED.