IN THE SUPREME COURT OF THE STATE OF NEVADA
CLAIN BRANDT, AN INDIVIDUAL, No. 83667
Appellant,
vs.
JOSHUA SMITH, A MEMBER ON
BEHALF OF HIMSELF AND
DERIVIATIVELY ON BEHALF OF
NOMINAL DEFENDANTS JOSHCO FILED
GROUP, LLC, D/B/A VETERAN
BENEFITS GUIDE, JOSHCO GROUP JAN 1 9 2022
TECH, LLC, VETERAN BENEFITS A. BROWN
CLERIg B7PREME COURT
GUIDE NV, LLC, VETERAN BENEFITS ay
s.
GUIDE CA, LLC, AND KPC HOLDINGS DEPUTY CL B
IS-4tRit1/4/
LTD, LLC; LAUREN SMITH, A
MEMBER ON BEHALF OF HERSELF
AND DERIVIATIVELY ON BEHALF OF
NOMINAL DEFENDANTS JOSHCO
GROUP, LLC, D/B/A VETERAN
BENEFITS GUIDE, JOSHCO GROUP
TECH, LLC, VETERAN BENEFITS
GUIDE NV, LLC, VETERAN BENEFITS
GUIDE CA, LLC, AND KPC HOLDINGS
LTD, LLC; VETERAN BENEFITS
ADVANTAGE, A CALIFORNIA
LIMITED LIABILITY COMPANY;
JOSHUA SMITH, AN INDIVIDUAL;
LAUREN SMITH, AN INDIVIDUAL;
AND MICHAEL LICARI, AN
INDIWDUAL,
Respondents.
ORDER DISMISSING APPEAL AND RESOLVING MOTIONS
This is an appeal from a district court order granting a motion
to confirm compliance with settlement term sheet and a district court order
granting a motion to enforce settlement. Eighth Judicial District Court,
Clark County; Nancy L. Allf, Judge.
SUPREME COURT
OF
NEVADA
OD) 1947A trem
2,--016/ 30
Respondents have filed a joint motion to dismiss this appeal for
lack of jurisdiction and request for sanctions pursuant to NRAP 38. Brandt
opposes the motion and respondents have filed a reply.
Both parties have also filed motions to redact or seal certain
exhibits to the joint motion and opposition. The motions are granted. See
SRCR 7. The redacted joint motion to dismiss was filed on November 5,
2021, and the redacted opposition was filed on November 12, 2021. The
clerk of this court shall file, under seal, the joint motion received on
November 12, 2021, and the opposition received on November 19, 2021.
"Mhis court has jurisdiction to entertain an appeal only where
an appeal is authorized by statute or court rule." Valley Bank of Nevada V.
Valley Bank of Nevada v. Ginsburg, 110 Nev. 440, 444, 874 P.2d 729, 732
(1994). The two orders identified in appellant's notice of appeal are
interlocutory orders and no statute or court rule authorizes an appeal from
either order. See id., at 444-445, 874 P.2d at 733 (declining to construe a
pre-dismissal order that approved a proposed settlement as the final
judgment). The final judgment in this matter is the stipulation and order
dismissing the case with prejudice that was entered on October 15, 2021.
See id. at 445, 733; see also NRAP 3A(b)(1) (identifying a final judgment
entered in an action as an appealable determination); NRAP 4(a)(3)
(providing that a stipulation that dismisses all unresolved claims pending
in an action is a final judgment for appellate purposes). Although this
appeal is timely from the final judgment, NRAP 4(a)(1), and interlocutory
orders generally may be challenged when appealing from the final
judgment, see Consol. Generator-Nev., Inc. v. Cummins Engine Co., 114 Nev.
1304, 1312, 971 P.2d 1251, 1256 (1998), we conclude we lack jurisdiction
because appellant lacks standing to appeal.
SUPREME Cauca
OF
NEVADA
2
(0) 1947A 4601,
"A party has the right to appeal when the party is aggrieved by
a final, appealable judgment or order." Jacinto v. PennyMae Corp., 129 Nev.
300, 303, 300 P.3d 724, 726 (2013); sëe also NRAP 3A(a) (A party who is
aggrieved by an appealable judgment or order may appeal from that
judgment or order, with or without first moving for a new trial."). Here,
appellant stipulated to the dismissal of all claims raised in his action below
with prejudice and appellant admits he is not challenging the dismissal of
those claims. Although appellant is aggrieved by the interlocutory orders
he wisheS to challenge on appeal, see Jacinto, 129 Nev. at 303, 300 P.3d at
726 (defining aggrieved for purposes of NRAP 3A(a)), he is not aggrieved by
the final judgment. Therefore, we conclude appellant lacks standing to
appeal and we grant respondent& motion to dismiss this appeal. However,
we deny respondents request to impose sanctions pursuant to NRAP 38.
Accordingly, we
ORDER this appeal DISMISSED.
Parraguirre
J. , J.
Hardesty Stiglich
cc: Hon. Nancy L. Allf, District Judge
Persi J. Mishel, Settlement Judge
McDonald Carano LLP/Las Vegas
Garman Turner Gordon
Brownstein Hyatt Farber Schreck, LLP/Las Vegas
Holland & Hart LLP/Las Vegas
Lipson Neilson P.C.
Eighth District Court Clerk
3