IN THE SUPREME COURT OF THE STATE OF NEVADA
DITECH FINANCIAL LLC, F/K/A No. 69550
GREEN TREE SERVICING, LLC, A
DELAWARE LIMITED LIABILITY
COMPANY, FILED
Appellant,
vs. APR 2 7 2016
KE ALOHA HOLDINGS, LLC, A TRACE K. LNDEMAN
CLERK OF SUPREME COURT
NEVADA LIMITED LIABILITY
DEPUTY CLERK
COMPANY,
Respondent.
ORDER DISMISSING APPEAL
This is an appeal from a district court summary judgment in
an action to quiet title. Eighth Judicial District Court, Clark County;
Richard Scotti, Judge.
When our preliminary review of the docketing statement and
the documents before this court revealed a potential jurisdictional defect,
we ordered appellant to show cause why this appeal should not be
dismissed for lack of jurisdiction. It appeared that the district court had
not yet entered a written order adjudicating all the rights and liabilities of
all the parties such that the December 15, 2015, order was not a final
judgment appealable under NRAP 3A(b)(1); Lee v. GNLV Corp., 116 Nev.
424, 427, 996 P.2d 416, 418 (2000). Specifically, it appeared that claims
remained pending against Alessi & Koenig, LLC, and Pebble Creek
Village Homeowners Association, and that Alessi & Koenig's interpleader
claim remained pending.
In response to our order, appellant filed a document indicating
that the district court was set to rule on a motion for NRCP 54(b)
certification, thus, we construed the document as a motion for an
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extension of time to respond to the order to show cause and we granted it.
Appellant has now filed a response to the order to show cause, stating that
appellant "sought certification, but the Motion was denied as premature
and Appellant will not be seeking review of the decision." Appellant fails
to demonstrate that the district court has entered a final judgment
resolving all the claims of all the parties below. As a result, it appears
that this court lacks jurisdiction over this appeal and we
ORDER this appeal DISMISSED.
J.
Cherry
Gibboirs
cc: Hon. Richard Scotti, District Judge
Brooks Hubley LLP
Greene Infuso, LLP
Eighth District Court Clerk
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