Bergenfield v. BAC Home Loans Servicing, LP

Summary

The Supreme Court of Nevada held that a district court order dismissing a complaint while granting leave to amend is not a final, appealable judgment. A plaintiff who elects to stand on the complaint must file written notice of that intent so the district court can enter a final order. Because the appellants did not provide such notice, the court dismissed the appeal for lack of jurisdiction.

Holdings

1. A district court order dismissing a complaint with leave to amend is not a final, appealable judgment.
2. A plaintiff who chooses to stand on a complaint dismissed with leave to amend must file written notice of that intent with the district court; the district court may then enter a final, appealable dismissal order.
3. The appeal was dismissed for lack of jurisdiction because the district court never entered a final, appealable order and the Bergenfields did not notify the district court that they intended to stand on their first amended complaint.

Questions Presented

1. Whether a district court order dismissing a complaint while granting the plaintiff leave to amend is a final, appealable judgment under Nevada appellate procedure.
2. Whether the Supreme Court had jurisdiction over the appeal when the plaintiffs neither amended their complaint nor filed written notice of intent to stand on the complaint.

Disposition

dismissed