E & M Enter., Inc. v. Norvic Demolition, Inc. ( 2014 )


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  •                    notice of entry pertaining to a purported order dismissing Platte River, the
    order attached to the notice of entry bore no district court file stamp.
    Both appellant and respondent responded to our order to show
    cause, asserting that the claims against Patton were orally dismissed by
    stipulation on October 2, 2013. But as no written stipulation or order has
    been filed, the oral stipulation remains ineffective for final judgment
    purposes. NRCP 41(a); Div. Child & Family Servs. v. Eighth Judicial
    Dist. Court, 
    120 Nev. 445
    , 451, 
    92 P.3d 1239
    , 1243 (2004). Appellant also
    asserts that Platte River was dismissed by district court order, but the
    order attached to its response, like that attached to its docketing
    statement, bears no district court stamp. As a result, that order is
    ineffective. See NRCP 58; Div. Child & Family 
    Servs., 120 Nev. at 451
    , 92
    P.3d at 1243. Thus, it appears that the district court has not yet entered a
    final judgment resolving all of the claims against all of the parties below.
    As a result, this court lacks jurisdiction over this appeal, and we
    ORDER this appeal DISMISSED.
    R ekvi                   J.
    Pickering
    1824—ACi
    Parraguirre     r j-                        Saitta
    cc:   Hon. Valorie J. Vega, District Judge
    William C. Turner, Settlement Judge
    Royal & Miles, LLP
    Wilson, Elser, Moskowitz, Edelman & Dicker, LLP/Las Vegas
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A    el.
    

Document Info

Docket Number: 64414

Filed Date: 8/27/2014

Precedential Status: Non-Precedential

Modified Date: 4/17/2021