COMMISSIONER OF INSURANCE FOR STATE LTC v. CHUR (2022)

ORDER DISMISSING APPEAL

Because it appeared that a timely motion to alter or amend the judgment had been filed after the entry of the judgment on jury verdict, this court directed appellant to show cause why the appeal should not be dismissed as premature. See NRAP 4(a)(2). Appellant has responded and explains that the motion to alter or amend is directed at the judgment on the jury verdict, while the appeal is challenging the interlocutory order dismissing certain parties. However, the district court did not certify any such order as final pursuant to NRCP 54(b); accordingly, the interlocutory orders are not yet ripe for appeal, as the motion to alter or amend the judgment remains pending. This court lacks jurisdiction over a premature notice of appeal, NRAP 4(a)(6) (“A premature notice of appeal does not divest the district court of jurisdiction.”), and therefore this court

ORDERS this appeal DISMISSED.