Park West Companies, Inc. v. Amazon Constr. Corp.

IN THE SUPREME COURT OF THE STATE OF NEVADA

PARK WEST COMPANIES INC., A No. 70154 NEVADA CORPORATION, Appellant, vs. FILED AMAZON CONSTRUCTION CORPORATION, A NEVADA SEP 2 2 2016 CORPORATION, TRACIE K. LINDEMAN CLERK F SUPREME COURT BY DERL -ifel?r- YITTC(7t

ORDER DISMISSING APPEAL This is an appeal from an order denying a motion for summary judgment or partial summary judgment. Eighth Judicial District Court, Clark County; Mark R. Denton, Judge. Respondent has filed a motion to dismiss the appeal for lack of jurisdiction on the ground that an order denying a motion for summary judgment or partial summary judgment is not final and is not an appealable order. Appellant counters that respondent's challenge goes to the merits of the appeal, which seeks this court's reconsideration of adoption of the collateral order doctrine, and is therefore not appropriate for a motion to dismiss. See Taylor v. Barringer, 75 Nev. 409, 344 P.2d 676 (1959). Respondent has filed a reply. We grant the motion to dismiss. This court only has appellate jurisdiction when an appeal is authorized by statute or court rule. See NRAP 3A(b) ; Taylor Constr. Co. v. Hilton Hotels Corp., 100 Nev. 207, 209, 678 P.2d 1152, 1153 (1984). We have consistently held that no appeal lies from an order denying a motion for summary judgment. D.R. Horton, Inc. v. Dist. Ct., 125 Nev. 449, 454, 215 P.3d 697, 700 (2009) (citing GES, Inc. SUPREME COURT OF NEVADA

(0) 1947A

v. Corbitt, 117 Nev. 265, 268, 21 P.3d 11, 13 (2001)). Accordingly, we conclude that we lack jurisdiction, and we ORDER this appeal DISMISSED.

Chst Cherry

J. Douglas

cc: Hon. Mark R. Denton, District Judge Lansford W. Levitt, Settlement Judge Marquis Aurbach Coffing Howard & Howard Attorneys PLLC Steven M. Garber & Associates, A Professional Corporation Gordon & Rees, LLP Eighth District Court Clerk

SUPREME COURT OF NEVADA

(C1 ) 1947A 441ag399,