attorney's fees and costs"). The district court did not certify the order as
final pursuant to NRCP 54(b) 1 and it does not appear that any other
statute or court rule authorizes an appeal from an order granting partial
summary judgment. See Taylor Constr. Co. v. Hilton Hotels, 100 Nev. 207,
678 P.2d 1152 (1984) (this court has jurisdiction to consider an appeal only
when it is authorized by statute or court rule). Accordingly, we grant the
motion2 and
ORDER this appeal DISMISSED. 3
C:St iff J.
Saitta
J.
Gibbons Pickering
1 We decline appellant's invitation to construe the order as
containing a NRCP 54(b) certification and note that such certification
would be improper where the district court's order did not completely
remove a party from the action. See Mallin v. Farmers Ins. Exch., 106
Nev. 606, 797 P.2d 978 (1990).
2 The parties' stipulations for extensions of time to file the opening
brief are denied as moot.
3 Although appellant is incorrect in its assertion that this court has
jurisdiction to consider this appeal, we cannot conclude that the appeal
was frivolous. Accordingly, we deny respondent's request to impose
sanctions under NRAP 38(b). We caution appellant, however, that
repeated filing of notices of appeal from orders over which this court
clearly lacks jurisdiction may result in the imposition of sanctions. See
NRAP 38.
SUPREME COURT
OF
NEVADA
(0) 1947A
2
cc: Hon. Michelle Leavitt, District Judge
Janet Trost, Settlement Judge
Alessi & Koenig, LLC
Brownstein Hyatt Farber Schreck, LLP/Las Vegas
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
10 1947A
3