Hearne v. Conklin, 429 P.3d 1254 (2018)

Nov. 16, 2018 · Supreme Court of Nevada · No. 76274

429 P.3d 1254

Isaac J. HEARNE, M.D., Individually; and Isaac J. Hearne, M.D., P.C., a Professional Corporation, Appellants,
v.
Thomas R. CONKLIN, M.D., Individually; and Thomas R. Conklin, M.D., a Professional Corporation, Respondents.

No. 76274

Supreme Court of Nevada.

FILED NOVEMBER 16, 2018

Isaac J. Hearne, M.D.

McDonald Carano LLP/Reno

ORDER DISMISSING APPEAL

This is an appeal from an appeal from an order granting a motion to enforce a settlement agreement. Second Judicial District Court, Washoe County; Lynne K. Simons, Judge.

Respondents filed a motion to dismiss the appeal on the ground that the order appealed from is not a final judgment. Appellants have not opposed the motion.¹ Having considered the motion we grant it. An order granting a motion to enforce a settlement agreement is not a final judgment where it does not enter judgment in favor of a party or otherwise resolve the pending claims. See Brown v. WIC Stagecoach, 129 Nev. 343, 301 P.3d 850 (2013) ; Valley Bank of Nevada v. Ginsburg, 110 Nev. 440, 446, 874 P.2d 729, 733 (1994) (concluding that a district court order approving a settlement agreement was interlocutory). Accordingly, we conclude that we lack jurisdiction, and we

ORDER this appeal DISMISSED.²

1 Appellants have also failed to respond to our order entered October 4, 2018, granting in part appellants' motion for an extension of time to retain new counsel.

2 We deny as moot appellant's motion for stay.