The Foothills at Southern Highlands Homeowners' Association v. The Bank of New York Mellon, 110819 NVSC, 77506

Docket Nº:77506
Party Name:THE FOOTHILLS AT SOUTHERN HIGHLANDS HOMEOWNERS' ASSOCIATION, 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 J., Parraguirre J., Cadish J. Hon. Richard Scotti, District Judge Janet Trost, Settlement Judge
Case Date:November 08, 2019
Court:Supreme Court of Nevada
 
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THE FOOTHILLS AT SOUTHERN HIGHLANDS HOMEOWNERS' ASSOCIATION, 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. 77506

Supreme Court of Nevada

November 8, 2019

UNPUBLISHED OPINION

ORDER DISMISSING APPEAL

This is an appeal from a district court order denying a motion to set aside a default judgment. Eighth Judicial District Court, Clark I County; Richard Scotti, Judge.

When this court's initial review of the docketing statement and documents before this court revealed a potential jurisdictional defect, this court ordered appellant to show cause why the appeal should not be dismissed for lack of jurisdiction. Specifically, it appeared that while an order denying a motion to set aside a default judgment is appealable as a special order after final judgment, see NRAP 3A(b)(8), here, no final judgment has been entered in the district court. Without a final judgment, there can be no special order after final judgment.

In response, appellant agrees that no final judgment has been entered in the district court. Nevertheless, appellant asks that this court refrain from dismissing this appeal because the failure to resolve the pending claim was simply an oversight which the district court may remedy once notified of the oversight. Appellant does not state that the parties have taken any steps to resolve the pending claims.

Because the district court has not yet entered a final judgment appealable under NRAP 3A(b)(1), see Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (defining a final judgment), the order challenged in this appeal is not appealable as a special order after final judgment. No other statute or...

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