Yonker Construction, Inc. v. Hulme

Summary

The Nevada Supreme Court held that an appeal from an interlocutory order releasing a mechanic's lien under NRS 108.2275 was premature because the district court had not yet awarded attorney fees and costs. The court dismissed the appeal for lack of jurisdiction, concluding that the statutory process must be fully completed before an appeal may proceed.

Holdings

1. NRS 108.2275(8) permits an appeal from an interlocutory order releasing a mechanic's lien only after the district court has both directed release of the lien and awarded attorney fees and costs as required by NRS 108.2275(6)(a). An order that reserves the fee and cost award is not yet appealable, making an appeal from that order premature.
2. The general rule allowing appeals from special orders after final judgment does not apply to an appeal authorized by the statutory exception in NRS 108.2275(8), because that exception concerns immediate review of specified interlocutory orders rather than final judgments or post-judgment orders.

Questions Presented

1. Whether an order releasing a mechanic's lien under NRS 108.2275(6)(a) is immediately appealable under NRS 108.2275(8) when the order reserves the award of attorney fees and costs for a later date.
2. Whether the appeal could proceed under the general rule that attorney-fee and cost awards may be appealable as special orders after final judgment under NRAP 3A(b)(8).

Disposition

dismissed