IN RE: D.O.T. LITIGATION (2020)

Supreme Court of Nevada.

IN RE: D.O.T. LITIGATION Nevada Wellness Center, LLC, Appellant, v. GreenMart of Nevada NLV LLC; Nevada Organic Remedies, LLC; The State of Nevada Department of Taxation; Helping Hands Wellness Center LLC; Lone Mountain Partners, LLC; Integral Associates LLC, d/b/a Essence Cannabis Dispensaries; Essence Tropicana LLC; Essence Henderson, LLC; CPCM Holdings, LLC, d/b/a Thrive Cannabis Marketplace; Commerce Park Medical, LLC; Cheyenne Medical, LLC; Fidelis Holdings, LLC; GBS Nevada Partners, LLC; Gravitas Nevada, LLC; MediFarm IV LLC; MediFarm, LLC; Nevada Holistic Medicine, LLC; Nevada Pure, LLC; NuLeaf Incline Dispensary, LLC; Paradise Wellness Center, LLC; Serenity Wellness Center LLC; TGIG, LLC; Tryke Companies Reno, LLC; Tryke Companies So NV, LLC; Compassionate Team of Las Vegas LLC; DP Holdings; Clear River LLC; LivFree Wellness, LLC; MM Development Company, Inc.; ETW Management Group LLC; Global Harmony LLC; Green Leaf Farms Holdings LLC; Green Therapeutics LLC; Herbal Choice Inc.; Just Quality, LLC; Libra Wellness Center, LLC; Rombough Real Estate Inc., d/b/a Mother Herb; Nevcann LLC; Red Earth LLC; THC Nevada LLC; Zion Gardens LLC; MMOF Vegas Retail, Inc.; Las Vegas Wellness; Compassion LLC; Qualcan LLC; D Lux LLC; Deep Roots Medical LLC; Euphoria Wellness LLC; Clark Natural Medicinal Solutions LLC, d/b/a Nuveda; Clark NMSD LLC, d/b/a Nuveda; DH Flamingo Inc., d/b/a Apothecary Shoppe; Inyo Fine Cannabis Dispensary LLC, d/b/a Inyo Fine Cannabis Dispensary; Nye Natural Medicinal Solutions LLC, d/b/a Nuveda; Surterra Holdings Inc.; Agua Street LLC; Bioneva Innovations of Carson City LLC; Blue Coyote Ranch LLC; Good Chemistry Nevada LLC; Greenleaf Wellness Inc.; High Sierra Holistics LLC; LVMC C and PLLC; Miller Farms LLC; Twelve Twelve LLC; Southern Nevada Growers LLC; Waveseer of Nevada LLC; Harvest of Nevada LLC; Gravitas Nevada Ltd.; Gravitas Henderson LLC; Franklin BioScience NV LLC; Wellness Connection of Nevada, LLC; Eureka NewGen Farms LLC; Strive Wellness of Nevada LLC; Rural Remedies LLC; Pure Tonic Concentrates LLC; Nevada Medical Group LLC; and NCMM LLC, Respondents.

No. 80230

Decided: August 31, 2020

Parker, Nelson & Associates Attorney General/Carson City Brownstein Hyatt Farber Schreck, LLP/Las Vegas McLetchie Law Black & LoBello Koch & Scow, LLC Gunderson Law Firm CV3 Legal Clarence E. Gamble Snell & Wilmer, LLP/Las Vegas Fennemore Craig P.C./Reno Simon Law Attorney General/Las Vegas Bailey Kennedy Prince Law Group Clark Hill PLLC H1 Law Group Hymanson & Hymanson Pisanelli Bice, PLLC Holley Driggs/Reno JK Legal & Consulting, LLC Maier Gutierrez & Associates Bendavid Law Argentum Law Armstrong Teasdale, LLP/Las Vegas Copenhaver & McConnell, PC. Howard & Howard Attorneys PLLC Semenza Kircher Rickard Las Vegas Defense Group, LLC Kemp, Jones & Coulthard, LLP Jones Lovelock Christiansen Law Offices Miller Law, Inc. Robertson, Johnson, Miller & Williamson Maupin, Cox & LeGoy Vohwinkel Law Handelin Law Ltd.

ORDER DISMISSING APPEAL

This is an appeal from a district court order granting injunctive relief. Eighth Judicial District Court, Clark County; Elizabeth Goff Gonzalez, Judge.

This court ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. It appeared that the challenged order, entered on August 23, 2019, was filed only in case A-19-786962-B.¹ Although an amended notice of entry of the challenged order bearing the underlying district court case number and caption was filed in this case, the order itself bore only a single case number and the corresponding caption. Where the order was not filed in the district court case underlying this appeal (A-19-787540-W), it appeared that the order was not subject to challenge in the context of a notice of appeal filed in this case.²

Appellant asserts that this court has jurisdiction because the district court cases were consolidated and a copy of the August 23, 2019, order was filed in the consolidated cases. However, this court remains unconvinced that it has jurisdiction to consider an appeal from an order entered in a case different from the one the notice of appeal was filed in, even where the cases were coordinated at the time of the hearing on the challenged order and were later consolidated. See generally Matter of Estate of Sarge, 134 Nev. 866, 870-71, 432 P.3d 718, 722 (2018) (consolidated cases retain their separate identities for purposes of appeal); see Moran v. Bonneville Square Assocs., 117 Nev. 525, 25 P.3d 898 (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, this appeal is dismissed.

It is so ORDERED.

FOOTNOTES

1. The order is on appeal in Docket No. 79668.

2. It appears that the district court cases were coordinated, but not consolidated, at the time the challenged order was entered.

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