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Lincicome, Jr. Vs, Sables, Llc
Citation: Not availableDocket: 84238
Court: Nevada Supreme Court; July 1, 2022; Nevada; State Supreme Court
Original Court Document: View Document
The Supreme Court of Nevada dismissed the appeal filed by Albert Ellis Lincicome, Jr. and Vicenta Lincicome against various respondents, including Sables, LLC and Breckenridge Property Fund 2016, LLC. The dismissal was predicated on a lack of jurisdiction, as the court found that the appealed orders, including a motion for summary judgment and an order awarding attorney fees and costs, were not final judgments. Breckenridge argued that its unresolved claims for slander of title, unjust enrichment, and rent or possession of the property rendered the summary judgment order non-appealable, a position the appellants contested without sufficient evidence or argument. The court noted that appellants failed to provide a written order conclusively resolving Breckenridge's claims and that the November 5, 2021, order indicated further proceedings regarding damages were necessary. Consequently, the court ruled that without a final judgment, the attorney fees order was not appealable. Additionally, the appellants did not address the appealability of the permanent writ of restitution. The court emphasized that jurisdiction must be established by the appealing party and concluded that it lacked jurisdiction, thus granting the motion to dismiss the appeal. The court also took no action on the requests from other respondents regarding the appeal's scope, reminding them that formal motions are required for such requests.