IN THE SUPREME COURT OF THE STATE OF NEVADA
K.J. BROWN, L.L.C., A NEVADA No. 82824
LIMITED LIABILITY COMPANY;
TIMOTHY D. GILBERT AND NANCY
AVANZINO GILBERT, AS TRUSTEES
OF THE TIMOTHY D. GILBERT AND
NANCY AVANZINO GILBERT
REVOCABLE FAMILY TRUST DATED FILED
DECEMBER 27, 2013,
Appellants, AUG 2 7 2021
vs. ELIZABETH A. BROWN
CLERUFAUPREME COUR'T
ELK POINT COUNTRY CLUB BY
DEPUTY CLERK
HOMEOWNERS ASSOCIATION, INC.,
A/K/A ELK POINT COUNTRY CLUB,
INC., A NEVADA NON-PROFIT, NONSTOCK CORPORATION,
Res s ondent.
ORDER DISMISSING APPEAL
This is an appeal from the district court's order granting a
motion to stay an injunction pending appeal. Ninth Judicial District Court,
Douglas County; Nathan Tod Young, Judge.
Appellants are homeowners within the respondent subdivision.
Appellants filed a civil action against respondent seeking in part to enjoin
for-profit rental use of units. On December 15, 2020, the district court
entered an order granting appellants' motion for a preliminary injunction.
Respondent appealed the district court's order, and that appeal has been
docketed in this court in Docket No. 82484. Pursuant to its appeal in Docket
No. 82484, respondent filed a motion in the district court to stay or suspend
the injunction pending resolution of that appeal. On March 15, 2021, the
district court entered an order granting the stay. Appellants have appealed
SUPREME COURT
the order granting the stay pending appeal and, in response to this court's
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-A41982i
order to show cause regarding jurisdiction, argue that the imposition of the
stay has the effect of denying the injunction, thereby making it an
independently appealable order. This court disagrees. No appeal lies from
an order granting a stay pending appeal. Appellants may move for relief in
regard to the stay of the injunction in the context of the appeal in Docket
No. 82484, if deemed necessary. This court lacks jurisdiction over the order
appealed from, and therefore
ORDERS this appeal DISMISSED.
J.
Cadish
Pickering
Aek. P J.
J.
Herndon
cc: Hon. Nathan Tod Young, District Judge
David Wasick, Settlement Judge
Leach Kern Gruchow Anderson Song/Reno
Fennemore Craig, P.C./Las Vegas
Resnick & Louis, P.C./Las Vegas
Douglas County Clerk
SUPREME COURT
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NEVADA
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