IN THE SUPREME COURT OF THE STATE OF NEVADA
THE BANK OF NEW YORK MELLON, No. 69879
F/KJA THE BANK OF NEW YORK, AS
TRUSTEE FOR THE
CERTIFICATEHOLDERS CWALT,
INC., ALTERNATIVE LOAN TRUST FILE
2006-0A7 MORTGAGE PASS-
THROUGH CERTIFICATES, SERIES JUN 2 8 2016
2006-0A7, A/K/A BANK OF NEW YORK ci_ eI= IC LINDEMAN
TIKt
M(MM
MELLON, F/K/A BANK OF NEW YORK,
AS TRUSTEE, ON BEHALF OF THE
REGISTERED HOLDERS OF
ALTERNATIVE LOAN TRUST 2006-
0A7, MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2006-0A7,
Appellant,
vs.
TRP FUND IV, LLC, A NEVADA
LIMITED LIABILITY COMPANY,
Respondent.
ORDER DISMISSING APPEAL
This is an appeal from a district court order granting a motion
for summary judgment in a quiet tide action. Respondent has filed a
motion to dismiss this appeal for lack of jurisdiction, asserting that the
claims asserted in its third-party complaint against Isaac and Linda
Szlamkowicz remain pending in the district court. Appellant does not
dispute that these claims remain pending in the district court. Instead,
appellant asserts that the district court entered an order to statistically
close this case and that order constitutes a final judgment in this matter,
after which it timely filed a notice of appeal.
Respondent filed a third-party complaint against Isaac and
Linda Szlamkowicz in the district court on September 28, 2015, and
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served them with copies of the complaint. No district court order appears
to resolve the third-party complaint. Accordingly, the claims against Isaac
and Linda Szlamkowicz remain pending in the district court such that the
order granting the motion for summary judgment is not a final judgment
appealable pursuant to NEAP 3A(b)(1). See Lee v. GNLV, Corp., 116 Nev.
424, 996 P.2d 416 (2000) (a final judgment is one that resolves all claims
and issues against all parties and leaves nothing for the district court's
future determination except for post-judgment issues); see also Taylor
Constr. Co. v. Hilton Hotels Corp., 100 Nev. 207, 209, 678 P.2d 1152, 1153
(1984) (this court may only consider appeals that are authorized by statute
or court rule). And appellant's argument that the order statistically
closing the case is a final adjudication of the case lacks merit. Brown v.
MHC Stagecoach, 129 Nev. Adv. Op. 37, 301 P.3d 850 (2013). Accordingly,
we conclude that we lack jurisdiction over this appeal,' and we
ORDER this appeal DISMISSED. 2
Hardesty
Alt J.
Saitta
J.
Pickering 7 , J.
'Appellant may file a notice of appeal from any appealable order
entered by the district court.
2 Given
this order, we take no action on the parties' stipulation to
stay the briefing schedule.
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(0) 19474 c(tig°
MAVIEMB11.1111111.11111
cc: Hon. Rob Bare, District Judge
Lansford W. Levitt, Settlement Judge
Wright, Finlay & Zak, LLP/Las Vegas
The Wright Law Group
Eighth District Court Clerk
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