IN THE SUPREME COURT OF THE STATE OF NEVADA
SATICOY BAY LLC SERIES 3884 No. 65450
SQUIRREL,
Appellant,
vs.
FILED
WELLS FARGO BANK, NA., JAN 2.2 2016
Re SD ondent. TRAC E K. 4 DEMAN
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4; A°
ORDER DISMISSING APPEAL
This is an appeal from a district court order denying a
preliminary injunction in a quiet title action. Eighth Judicial District
Court, Clark County; Stefany Miley, Judge.
On August 7, 2013, appellant Saticoy Bay filed a complaint in
the district court seeking to quiet title to the subject property and seeking
an injunction. Respondent Wells Fargo filed a motion to dismiss, which
the district court granted on November 7, 2013. Then, on March 18, 2014,
over four months after the district court dismissed Saticoy Bay's action,
Saticoy Bay purported to file a motion for a preliminary injunction as to
the same case the district court had dismissed.' The district court denied
Saticoy Bay's motion for a preliminary injunction, determining that there
was no likelihood of success on the merits. Saticoy Bay appealed.
'We note that the record contains no indication of any attempt to
reconsider or to set aside the dismissal before the motion for a preliminary
injunction was filed.
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Our review of this appeal reveals a jurisdictional defect. We
note that no timely appeal was taken from the motion to dismiss, see
NRAP 4(a)(1) (providing thirty days to appeal), which was a final
judgment disposing of the case on its merits, see Emerson v. Eighth
Judicial Dist. Court of State, ex rel. County of Clark, 127 Nev. 672, 677,
263 P.3d 224, 227 (2011) ("We have previously held that jurisdiction over
matters related to the merits of a case terminates upon dismissal.").
Additionally, no intervening action was taken to reopen this case. See, e.g.
NRCP 60(b) (providing relief from judgment). Thus, the district court had
no jurisdiction to consider the motion for a preliminary injunction, which
was, at best, a fugitive document as to a closed case. Consequently, this
court has no jurisdiction over the case. See Nev. Const. art. 6, § 4 (limiting
the Nevada Supreme Court's jurisdiction t6 appeals in civil cases arising
in the district courts and granting the power to issue writs).
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Accordingly, we are precluded from considering this appeal,
and we ORDER this appeal DISMISSED.
Parraguirre
/c4Je J.
Hardesty
"Rao\ J.
HH
Gibbons
J.
cc: Hon. Stefany Miley, District Judge
Law Offices of Michael F. Bohn, Ltd.
Snell & Wilmer, LLP/Tucson
Snell & Wilmer, LLP/Las Vegas
Eighth District Court Clerk
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