GCM Air Grp., LLC v. Chevron U.S.A., Inc.

• Decision Date: 10 August 2011
• Docket Number: No. 57141.,57141.
• Parties: GCM AIR GROUP, LLC, A Nevada Limited Liability Company, Appellant, v. CHEVRON U.S.A., INC. A Pennsylvania Corporation; Washoe County District Health Department, Environmental Health Services Division, a Political Subdivision of the State of Nevada; Chevron Environmental Management Company, a California Corporation; Gettler–Ryan, Inc., a California Corporation; Stantec Consulting Corporation, an Arizona Corporation; and Chase International Equities Corporation, a Nevada Corporation, Respondents.
• Court: Nevada Supreme Court

373 P.3d 916 (Table)

GCM AIR GROUP, LLC, A Nevada Limited Liability Company, Appellant

v.CHEVRON U.S.A., INC. A Pennsylvania Corporation; Washoe County District Health Department, Environmental Health Services Division, a Political Subdivision of the State of Nevada; Chevron Environmental Management Company, a California Corporation; Gettler–Ryan, Inc., a California Corporation; Stantec Consulting Corporation, an Arizona Corporation; and Chase International Equities Corporation, a Nevada Corporation, Respondents.

No. 57141.

Supreme Court of Nevada.

Aug. 10, 2011.

William N. Miller

Santoro, Driggs, Walch, Kearney, Holley & Thompson

Santoro, Driggs, Walch, Kearney, Holley & Thompson/Reno

Ailing & Jillson, Ltd.

Fahrendorf, Viloria, Oliphant & Oster, LLP

Holland & Hart LLP/Reno

Richard Normington, Esq.

Robert E. Sheldon, Esq.

Thorndal Armstrong Delk Balkenbush & Eisinger/Reno

Washoe County District Attorney/Civil Division

ORDER DISMISSING APPEAL

This is an appeal from a district court order denying NRCP 60(b)

relief from a summary judgment as to certain defendants. Second Judicial District Court, Washoe County; Robert H. Perry, Judge.

Respondents have filed a motion to dismiss this appeal for lack of jurisdiction; appellants have opposed the motion, and respondents replied. Having considered the documents before us, we agree that jurisdiction is improper and grant the motion to dismiss. Specifically, no final judgment has been entered because claims remain pending as to two defendants, Washoe County Health District and Chase International Equities Corporation, and the partial summary judgment was not certified as final pursuant to NRCP 54(b)

. Lee v. GNLV Corp., 116 Nev. 424, 996 P.2d 416 (2000) ; KDI Sylvan Pools v. Workman, 107 Nev. 340, 810 P.2d 1217 (1991) ; Rae v. All American Life & Cas. Co., 95 Nev. 920, 605 P.2d 196 (1979). Therefore, a motion under NRCP 60(b) was not available. Barry v. Lindner, 119 Nev. 661, 81 P.3d 537 (2003). While a post-judgment order denying NRCP 60(b) relief is appealable as a special order after final judgment, NRAP 3A(b)(8) ; Holiday Inn v. Barnett, 103 Nev. 60, 732 P.2d 1376 (1987), an interlocutory order of this kind is not independently appealable. Cf.

Reno Hilton Resort Corp. v. Verderber, 121 Nev. 1, 106 P.3d 134 (2005) (holding that an interlocutory order denying a new trial motion is not appealable). Accordingly, we

ORDER this appeal DISMISSED.¹

1 Respondents' motion to stay briefing is denied as moot in light of this order.