Marrcshare Leasing, Inc. v. Victory Vill. Ltd. III
| Decision Date | 25 August 2009 |
| Docket Number | Nos. 51508,53155.,s. 51508 |
| Citation | 281 P.3d 1173 |
| Parties | MARRCSHARE LEASING, INC., and Macer Associates, Ltd., LP, A Limited Partnership by and through its General Partner, Ralph Mann, Appellants, v. VICTORY VILLAGE LTD. III, A Nevada Limited Partnership and Tri Capital Corporation, A California Corporation, Respondents. Fort Worth Credit Partners, Ltd. and Step'n Investments, Inc., Appellants, v. DSM Golf Enterprises, Inc., A Nevada Corporation; Praetorian International Development, Ltd.; Moonridge Development Corp., A Nevada Corporation; Victory Village, Ltd. III Limited Partnership, A Nevada Limited Partnership; Tri Capital Corporation; Tri Capital, LLC, A California Limited Liability Company; William Szymczak, An Individual; John Sweazy, An Individual; and James H. Reid, An Individual, Respondents. Victory Village Ltd. III, A Nevada Limited Partnership; Tri Capital Corporation; and Tri Capital, LLC, A California Limited Liability Company, Appellants, v. Marrcshare Leasing, Inc.; Macer Associates, Ltd., LP, A Limited Partnership by and through its General Partner; Fort Worth Credit Partners, Ltd.; and Step'n Investments, Inc., Respondents. Fort Worth Credit Partners, Ltd. and Step'n Investments, Inc., Appellants, v. Victory Village Ltd. III, A Nevada Limited Partnership; Tri Capital, LLC, A California Limited Liability Company; Tri Capital Corporation, A California Corporation; William Szymczak, An Individual; and John Sweazey, An Individual, Respondents. |
| Court | Nevada Supreme Court |
Fennemore Craig, P.C./Las Vegas.
Law Offices of James J. Lee.
Weil & Petrocchi, P.C.
Wallace B. Adams.
Holland & Hart LLP/Las Vegas.
These are appeals from a final district court order in four consolidated partnership and collection actions (Docket No. 51508) and an appeal from an order concerning attorney fees and costs (Docket No. 53155).
When our preliminary review of the docketing statements and the NRAP 3(e) documents in these appeals revealed a potential jurisdictional defect, we ordered appellants to show cause why these appeals should not be dismissed for lack of jurisdiction. Specifically, it was unclear whether the district court had entered a final written judgment adjudicating all of the rights and liabilities of all of the parties to the consolidated actions below. See 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); Mallin v. Farmers Insurance Exchange, 106 Nev. 606, 797 P.2d 978 (1990) (). The parties timely responded by producing orders adjudicating many of the noted claims; no order was submitted that resolved the claims and any crossclaims and counterclaims arising in District Court Case No. A387150, involving plaintiff Tri Capital Corporation, however. Therefore, because the Case No. A387150 claims appeared to remain pending, on May 6, 2009, we again ordered appellants to show cause why these appeals should not dismissed for lack of jurisdiction.
After being granted an extension of time, appellants Victory Village Ltd. III, Tri Capital Corporation, and Tri Capital LLC timely responded to our May 6 show cause order. In response, they submitted a July 14, 2009, district court order formally resolving all of the claims in Case No. A387150. As the July 14 order constitutes the final, appealable judgment in the consolidated matters below, the appeals in Docket No. 51508 may proceed. NRAP 3A(b)(l); NRAP 4(a)(6). Accordingly, we hereby reinstate the deadlines for requesting and preparing transcripts, and the briefing schedule, in Docket No. 51508. Because appellants Fort Worth Credit Partners, Ltd., and Step'n Investments, Inc., may challenge the attorney fees and costs order in the context of their appeal from the final judgment in Docket No. 51508, see Consolidated Generator v. Cummins Engine, 114 Nev. 1304, 1312, 971 P.2d 1251, 1256 (1998), however, we hereby...
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