Nevada Supreme Court

Taylor Construction Co. v. Hilton Hotels Corp.

Taylor Construction Company, Appellant v. Hilton Hotels Corporation, Dba Las Vegas Hilton and Las Vegas…

100 Nev. 207 · 678 P.2d 1152

Decided March 30, 1984

Good LawGood law: 32 citing cases carry treatments with no negative treatment.

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SummaryHoldingsLater treatmentOpinion of the Court

Summary

The court dismissed the appeal because the denial of summary judgment was not appealable, and a certification under NRCP 54(b) could not make that interlocutory order final. The court lacked jurisdiction to review the order before entry of a final judgment.

Holdings

  • Whether the denial of summary judgment, certified under NRCP 54(b), was appealable.. No. A denial of summary judgment that does not finally adjudicate a claim or the rights and liabilities of fewer than all parties is not appealable, and an NRCP 54(b) certification cannot create finality for an order that is not amenable to certification. *209

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How later courts treated this case

261 opinions cite this case

  • Cited

    Vargas v. J Morales Inc., 2022 NV 38. citing to support that appellate jurisdiction must be authorized

  • Cited

    Sheriff v. Facio (Mateo). citing Taylor Construction to support that jurisdiction requires statutory or rule authority

  • Cited

    Shahrokhi Vs. Burrow (Child Custody). The opinion cites Taylor Constr. Co. for the principle that jurisdiction exists only when authorized by statute or rule.

  • Cited

    Superpumper, Inc. Vs. Leonard. states jurisdiction exists only when authorized by statute or rule

  • Cited

    Criswell Radovan, Llc Vs. Yount. Cites Taylor Construction Co. v. Hilton Hotels for the principle that such minute orders are not appealable.

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In this case

Opinion of the Court

OPINION

Per Curiam:

This is an appeal from an order denying a motion for summary judgment. Respondents have moved to dismiss this appeal, contending that such an order is not appealable despite the certification of finality pursuant to NRCP 54(b). 1 We agree.

*209 NRAP 3A(b) designates the judgments and orders from which an appeal may be taken, and where no statutory authority to appeal is granted, no right exists. Kokkos v. Tsalikis, 91 Nev. 24, 530 P.2d 756 (1975). The denial of a motion for summary judgment is not a final judgment under the rule. Smith v. Hamilton, 70 Nev. 212, 265 P.2d 214 (1953) (decided under indentical provision of former NRCP 72(b)).

The district court, upon motion by appellant, inserted the following language into the order denying appellant’s motion for summary judgment:

IT IS FURTHER ORDERED that there appearing no just cause for delay, this denial of the motion for summary judgment is certified as final for the purposes of the Nevada Rules of Civil Procedure Rule 54(b).

The district court, through such certification, cannot create finality when the order is not amenable to certification. See Mid-Century Ins. Co. v. Cherubini, 95 Nev. 293, 593 P.2d 1068 (1979); Las Vegas Hacienda v. G.L.M.M. Corp., 93 Nev. 177, 561 P.2d 1334 (1977). The district court does not have the power, even when a motion for certification is unopposed, to transform an interlocutory order which does not come within the rule, into a final judgment. An NRCP 54(b) certification is not available to provide interlocutory appellate review of an order which does not constitute a final adjudication of fewer than all claims or the rights and liabilities of fewer than all the parties in an action. Painton & Company v. Bourns, Inc., 442 F.2d 216, 234 (2nd Cir. 1971). The order at issue in this appeal was a refusal by the district court to adjudicate the rights and liabilities of Taylor Construction Company and clearly is not a judgment which is amenable to certification pursuant to NRCP 54(b).

The district court was without authority to direct the entry of a final judgment as to the order from which this appeal is taken; therefore, the order is not appealable and we are without jurisdiction to entertain this appeal.

Appeal dismissed. 2

1

NRCP 54(b) provides in part:

When more than one claim for relief is presented in an action ... the court may direct the entry of a final judgment as to one or more but fewer than all of the claims . . . only upon an express *209 determination that there is no just reason for delay and upon an express direction for the entry of judgment. . . .
2

The erroneous certification by the trial court will not preclude appellant from raising its challenge to the order in a timely appeal from a final judgment. See Page v. Preisser, 585 F.2d 336 (8th Cir. 1978).

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