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Michael J. NOVICK; and Emily S. Novick, Appellants, v. SUMMERLIN NORTH COMMUNITY ASSOCIATION, a Nevada Non-Profit Cooperative Corporation; CitiMortgage, Inc., a New York Corporation; and Citibank, N.A., a National Banking Association, Respondents.
ORDER DISMISSING APPEAL
Preliminary review of the district court record and the documents on file in this appeal reveals a jurisdictional defect. It appears that claims against Summerlin North Community Association remain pending below. In particular, it appears that on November 23, 2020, the district court entered a minute order granting Summerlin North's motion for summary judgment. The minute order directed counsel for Summerlin North to submit a proposed order consistent with the court's minute order. However, to date, it does not appear that a written order granting Summerlin North's summary judgment motion has been filed, and the district court's minute order is not effective. See State, Div. of Child & Family Servs. v. Eighth Judicial Dist. Court, 120 Nev. 445, 454, 92 P.2d 1239, 1245 (2004) (“[D]ispositional court orders that are not administrative in nature, but deal with the procedural posture or merits of the underlying controversy, must be written, signed, and filed before they become effective.”).
Because claims remain pending below, the order challenged on appeal is not appealable as a final judgment under NRAP 3A(b)(l). See Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (defining a final judgment). And no other statute or court rule allows for 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”). This court lacks jurisdiction, and we
ORDER this appeal DISMISSED.
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Docket No: No. 83351
Decided: September 30, 2021
Court: Supreme Court of Nevada.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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