Barbier v. Garrison Prop. & Casualty ( 2022 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
CHRISTINA BARBIER, AN No. 84761
INDIVIDUAL,
vs.
Appellant, F1L
GARRISON PROPERTY AND DEC 06 2022
CASUALTY, A FOREIGN
CORPORATION,
Res iondent.
ORDER DISMISSING APPEAL
This is an appeal from a district court summary judgment order
purportedly certified as final under NRCP 54(b). Eighth Judicial District
Court, Clark County; Nancy L. Allf, Judge.
When preliminary review of the docketing statement and
documents before this court pursuant to NRAP 3(g) revealed a jurisdictional
defect, we directed appellant to show cause why this appeal should not be
dismissed for lack of jurisdiction. Specifically, it appeared that claims
remain pending below such that the challenged order is not appealable as a
final judgment, and that the district court's attempted NRCP 54(b)
certification was improper because it did not expressly determine that there
was no just reason for delay or direct entry of a final judgment as to any
claims. See Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000)
(defining a final judgment); Hern v. Erhardt, 113 Nev. 1330, 1334, 948 P.2d
1195, 1197 (1997); Aldabe v. Evans, 83 Nev. 135, 425 P.2d 598 (1967). The
order to show cause cautioned appellant that failure to demonstrate that
this court has jurisdiction may result in the dismissal of this appeal.
Appellant's response was due to be filed on or before October 28, 2022.
SUPREME COURT
OF
NEVADA
0)1 I V-1TA
22- N225
To date, appellant has failed to respond to the order to show
cause or to otherwise demonstrate that this court has jurisdiction to
consider this appeal. Accordingly, it appears that we lack jurisdiction, and
we
ORDER this appeal DISMISSED.
J.
Hardesty
drelikisat.0 J. J.
Stiglich Herndon
cc: Hon. Nancy L. Allf, District Judge
Paul M. Haire, Settlement Judge
The Schnitzer Law Firm
Wilson, Elser, Moskowitz, Edelman & Dicker, LLP/Las Vegas
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
(0) I947A 2