Anthony S. Noonan Ira, LLC v. the Bank of New York Mellon

IN THE SUPREME COURT OF THE STATE OF NEVADA

ANTHONY S. NOONAN IRA, LLC; AND No. 71365 LP FINANCIAL INC., Appellants, vs. THE BANK OF NEW YORK MELLON, AS TRUSTEE FOR CWALT, INC., FILE ALTERNATIVE LOAN TRUST 2007- OCT 1 2 2018 12T1; AND MORTGAGE ELECTRONIC EUZABET1-1 A. BROWN REGISTRATION SYSTEMS, INC., CLERK OF SUPREME COURT BY Resnondents.

ORDER OF REVERSAL AND REMAND This is an appeal from a district court order granting summary judgment in an action to quiet title. Eighth Judicial District Court, Clark County; J. Charles Thompson, Senior Judge. Having considered the parties' arguments and the record, we conclude that the district court lacked jurisdiction to grant respondents' combined NRCP 24(a) and NRCP 60(b) motion, as respondents were not a "party" entitled to file an NRCP 60(b) motion. See SFPP, L.P. v. Second Judicial Dist. Court, 123 Nev. 608, 612, 173 P.3d 715, 717 (2007) ("[O]nce a final judgment is entered, the district court lacks jurisdiction to reopen it, absent a proper and timely motion under the Nevada Rules of Civil Procedure." (emphasis added)); Lopez v. Merit Ins. Co., 109 Nev. 553, 556- 57, 853 P.2d 1266, 1268-69 (1993) (concluding that an NRCP 60(b) motion filed by a nonparty was improper and that a motion to intervene cannot be filed after a final judgment has been entered); cf. Landreth v. Malik, 127 Nev. 175, 179, 251 P.3d 163, 166 (2011) (observing that jurisdictional issues can be raised at any time).

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Because the district court lacked jurisdiction to set aside the default judgment, it necessarily erred in granting summary judgment for respondents, and we therefore reverse that order. This disposition should not be construed as precluding respondents from seeking alternative relief under NRCP 60(b). In light of the foregoing, we ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order.

j. Gibbots Hardesty

cc: Chief Judge, The Eighth Judicial District Court Hon. J. Charles Thompson, Senior Judge Lansford W. Levitt, Settlement Judge The Law Office of Mike Beede, PLLC Akerman LLP/Las Vegas Eighth District Court Clerk

SUPREME COURT OF NEVADA

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