Collegium Fund LLC Series 27 v. Bank of New York Mellon, 110819 NVSC, 77026

Docket Nº:77026
Party Name:COLLEGIUM FUND LLC SERIES 27, A NEVADA LIMITED LIABILITY COMPANY, Appellant, v. THE BANK OF NEW YORK MELLON, F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-OA16, MORTGAGE PASS-THROUGH CERTIFICATES, Respondent.
Judge Panel:Pickering, Parraguirre, Cadish, Judges. Hon. Richard Scotti, District Judge. Janet Trost, Settlement Judge.
Case Date:November 08, 2019
Court:Supreme Court of Nevada
 
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COLLEGIUM FUND LLC SERIES 27, A NEVADA LIMITED LIABILITY COMPANY, Appellant,

v.

THE BANK OF NEW YORK MELLON, F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-OA16, MORTGAGE PASS-THROUGH CERTIFICATES, Respondent.

No. 77026

Supreme Court of Nevada

November 8, 2019

UNPUBLISHED OPINION

ORDER DISMISSING APPEAL

This is an appeal from a district court order entered in a quiet title action. Eighth Judicial District Court, Clark County; Richard Scotti, Judge.

This court's initial review of the docketing statement revealed a potential jurisdictional defect. It appeared that the challenged order was not appealable as a final judgment under NRAP 3A(b)(1) because the parties' unjust enrichment claims against each other remained pending in the district court. See Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (defining a final judgment). Accordingly, this court ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. In response, appellant agrees that the unjust enrichment claims remain pending and asks that this matter be remanded to the district court for further findings.

As it appears the district court has not yet entered a final judgment appealable under NRAP 3A(b)(1), and no other statute or court rule appears to authorize an appeal from the challenged order, this court lacks jurisdiction. See Brown v. MHC Stagecoach, LLC...

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