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IN RE: the KENT AND JANE WHIPPLE TRUST (2022)

Supreme Court of Nevada.2022-04-18No. No. 81972

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

ORDER DISMISSING APPEAL

Because a district courts order denying summary judgment is an interlocutory decision and is not independently appealable, this court directed appellant to show cause why the appeal should not be dismissed for lack of jurisdiction. GES, Inc. v. Corbitt, 117 Nev. 265, 268, 21 P.3d 11, 13 (2001). Appellant has responded and argues that the order is appealable as an order denying an injunction pursuant to NRAP 3A(b)(3) because it denies relief similar to denying injunctive relief. The district court denied the motion for summary judgment on the ground that it lacked jurisdiction to proceed while an arbitration is pending This is not the equivalent of denying an injunction. Moreover, to the extent the order could be read to compel arbitration, an order compelling arbitration is not an appealable order. Kindred v. Dist. Ct., 116 Nev. 405, 996 P.2d 903 (2000).

This court lacks jurisdiction, and

ORDERS this appeal DISMISSED.