301 P.3d 850 (Nev. 2013), 59036, Brown v. MHC Stagecoach, LLC

Docket Nº:59036.
Citation:301 P.3d 850, 129 Nev. Adv. Op. 37
Opinion Judge:GIBBONS, J.:
Party Name:Katherine BROWN, Appellant, v. MHC STAGECOACH, LLC, Respondent.
Attorney:Katherine Brown, Tacoma, Washington, in Proper Person. Jackson Lewis LLP and Elayna J. Youchah, Las Vegas, for Respondent.
Judge Panel:We concur: PICKERING, C.J., and HARDESTY, PARRAGUIRRE, DOUGLAS, CHERRY, and SAITTA, JJ.
Case Date:May 30, 2013
Court:Supreme Court of Nevada
 
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Page 850

301 P.3d 850 (Nev. 2013)

129 Nev. Adv. Op. 37

Katherine BROWN, Appellant,

v.

MHC STAGECOACH, LLC, Respondent.

No. 59036.

Supreme Court of Nevada.

May 30, 2013

Katherine Brown, Tacoma, Washington, in Proper Person.

Jackson Lewis LLP and Elayna J. Youchah, Las Vegas, for Respondent.

BEFORE THE COURT EN BANC.

OPINION

GIBBONS, J.:

This court has jurisdiction to consider an appeal from a district court order only when the appeal is authorized by statute or court rule. Katherine Brown appeals from a district court form order that statistically closed her case, even though the district court had not yet entered a final judgment resolving Brown's claims. The question we must decide is whether such an order is substantively appealable. It is not, as no statute or court rule authorizes an appeal from an order statistically closing a case and the order does not constitute a final, appealable judgment, as none was entered. Because we lack jurisdiction, we dismiss this appeal.

Page 851

FACTS

This appeal arises from a district court employment action filed by appellant Katherine Brown against her former employer, respondent MHC Stagecoach, LLC. Brown alleged that her supervisor had violated her civil rights by engaging in discriminatory treatment, and as a result, she was constructively terminated from her job. Through counsel, Brown filed a complaint, and the parties entered into settlement negotiations in an effort to resolve the action. Brown initially authorized her attorney to settle with MHC for $7,500. The parties dispute whether a settlement was ever actually agreed to, however, because Brown ultimately refused to sign the settlement agreement that she was presented with based on her objection to certain language in the agreement limiting the parties' ability to disclose details about the conflict and settlement. Following the breakdown of these settlement efforts, Brown's attorney requested, and was granted, leave to withdraw.

Immediately after Brown's counsel withdrew, MHC filed a motion in the district court to enforce the settlement agreement, asserting that the parties had agreed on the material terms of the settlement, rendering the agreement enforceable. As the basis for its motion, MHC furnished correspondence between MHC and Brown's former counsel and correspondence between Brown and her former counsel regarding the settlement terms. Brown, now proceeding pro se, opposed the motion, but the district court granted the motion and entered an order setting forth the terms of the parties' settlement. The order did not enter judgment in favor of either party nor did it otherwise expressly resolve Brown's insistence that the parties did not reach a settlement. Brown appealed from that order, but this court dismissed that appeal for lack of jurisdiction, after concluding that the order was not an appealable, final judgment because it did not dismiss or formally resolve Brown's complaint.

Following the district...

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