action. Second Judicial District Court, Washoe County; Steven Elliott,
Judge.
Appellant filed a tort action against the 47 listed respondents.
Respondent Steven Pitts was served with the complaint on July 16, 2013.
Over the next few months, the district court entered eight different orders
dismissing the action against 46 of the listed respondents. None of these
orders, however, dismissed the action against Pitts. Then on March 13,
2014, the district court entered an order granting NRCP 54(b) certification
of finality, concluding that the court had granted dismissal in favor of all
of the defendants, that each of the dismissal orders were certified as final
judgments, and that the case had reached its conclusion. Appellant has
appealed from that order.
Our review of this appeal reveals a jurisdictional defect. In
particular, NRAP 3A(b)(1) allows an appeal from a final judgment entered
in an action. A final judgment is one that disposes of all issues presented
in the case, and leaves nothing for the future consideration of the district
court, except for post-judgment issues such as attorney fees and costs. Lee
v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000). A judgment
resolving a claim or removing a party, while other claims or parties
remain pending, can be certified as final under NRCP 54(b) if the district
court makes a determination that there is no just reason for delay.
Although it appears that the district court has resolved all
claims against 46 of the respondents and the district court's March 13
order purports to grant a motion for NRCP 54(b) certification, the
certification does not appear proper because it concludes that the action
has been dismissed against all parties, yet the record contains no written
SUPREME COURT
Of
NEVADA
2
(0) 1947A e7
order dismissing or otherwise finally resolving the action against Pitts.
Accordingly, we lack jurisdiction over this appeal, and we
ORDER this appeal DISMISSED.'
Hardesty
J.
cc: Chief Judge, The Second Judicial District Court
Hon. Steven Elliott, Senior Judge
Jerry Lynn O'Neal
Washoe County District Attorney/Civil Division
Attorney General/Las Vegas
Washoe County School District Legal Department
Prout LeVangie/Las Vegas
Van Cott, Bagley, Cornwall & McCarthy
Rands & South & Gardner/Reno
Dave Childs
Reno City Attorney
Jeffrey Martin
Jim Galloway
Robert Larkin
Steven Pitts
Washoe District Court Clerk
'In light of this order, we deny as moot any relief requested in
appellant's June 9, June 11, and July 10, 2014, proper person notices.
SUPREME COURT
OF
NEVADA
3
(0) 194Th ex(