No. 83667 

FILED 

JAN 1 9 2022 

a

C

y

LERIg

s.

B7PREME COURT 

A. BROWN 

DEPUTY CL IS-4tRiB t1/4/

IN THE SUPREME COURT OF THE STATE OF NEVADA 

CLAIN BRANDT, AN INDIVIDUAL, 

Appellant, 

vs. 

JOSHUA SMITH, A MEMBER ON 

BEHALF OF HIMSELF AND 

DERIVIATIVELY ON BEHALF OF 

NOMINAL DEFENDANTS JOSHCO 

GROUP, LLC, D/B/A VETERAN 

BENEFITS GUIDE, JOSHCO GROUP 

TECH, LLC, VETERAN BENEFITS 

GUIDE NV, LLC, VETERAN BENEFITS 

GUIDE CA, LLC, AND KPC HOLDINGS 

LTD, LLC; LAUREN SMITH, A 

MEMBER ON BEHALF OF HERSELF 

AND DERIVIATIVELY ON BEHALF OF 

NOMINAL DEFENDANTS JOSHCO 

GROUP, LLC, D/B/A VETERAN 

BENEFITS GUIDE, JOSHCO GROUP 

TECH, LLC, VETERAN BENEFITS 

GUIDE NV, LLC, VETERAN BENEFITS 

GUIDE CA, LLC, AND KPC HOLDINGS 

LTD, LLC; VETERAN BENEFITS 

ADVANTAGE, A CALIFORNIA 

LIMITED LIABILITY COMPANY; 

JOSHUA SMITH, AN INDIVIDUAL; 

LAUREN SMITH, AN INDIVIDUAL; 

AND MICHAEL LICARI, AN 

INDIWDUAL, 

Respondents. 

ORDER DISMISSING APPEAL AND RESOLVING MOTIONS 

This is an appeal from a district court order granting a motion 

to confirm compliance with settlement term sheet and a district court order 

granting a motion to enforce settlement. Eighth Judicial District Court, 

Clark County; Nancy L. Allf, Judge. 

SUPREME COURT 

OF 

NEVADA 

OD) 1947A trem 2,--016/ 30 
Respondents have filed a joint motion to dismiss this appeal for 

lack of jurisdiction and request for sanctions pursuant to NRAP 38. Brandt 

opposes the motion and respondents have filed a reply. 

Both parties have also filed motions to redact or seal certain 

exhibits to the joint motion and opposition. The motions are granted. See 

SRCR 7. The redacted joint motion to dismiss was filed on November 5, 

2021, and the redacted opposition was filed on November 12, 2021. The 

clerk of this court shall file, under seal, the joint motion received on 

November 12, 2021, and the opposition received on November 19, 2021. 

"Mhis court has jurisdiction to entertain an appeal only where 

an appeal is authorized by statute or court rule." Valley Bank of Nevada V. 

Valley Bank of Nevada v. Ginsburg, 110 Nev. 440, 444, 874 P.2d 729, 732 

(1994). The two orders identified in appellant's notice of appeal are 

interlocutory orders and no statute or court rule authorizes an appeal from 

either order. See id., at 444-445, 874 P.2d at 733 (declining to construe a 

pre-dismissal order that approved a proposed settlement as the final 

judgment). The final judgment in this matter is the stipulation and order 

dismissing the case with prejudice that was entered on October 15, 2021. 

See id. at 445, 733; see also NRAP 3A(b)(1) (identifying a final judgment 

entered in an action as an appealable determination); NRAP 4(a)(3) 

(providing that a stipulation that dismisses all unresolved claims pending 

in an action is a final judgment for appellate purposes). Although this 

appeal is timely from the final judgment, NRAP 4(a)(1), and interlocutory 

orders generally may be challenged when appealing from the final 

judgment, see Consol. Generator-Nev., Inc. v. Cummins Engine Co., 114 Nev. 

1304, 1312, 971 P.2d 1251, 1256 (1998), we conclude we lack jurisdiction 

because appellant lacks standing to appeal. 

SUPREME Cauca 

OF 

NEVADA 

(0) 1947A 4601, 

2 
"A party has the right to appeal when the party is aggrieved by 

a final, appealable judgment or order." Jacinto v. PennyMae Corp., 129 Nev. 

300, 303, 300 P.3d 724, 726 (2013); sëe also NRAP 3A(a) (A party who is 

aggrieved by an appealable judgment or order may appeal from that 

judgment or order, with or without first moving for a new trial."). Here, 

appellant stipulated to the dismissal of all claims raised in his action below 

with prejudice and appellant admits he is not challenging the dismissal of 

those claims. Although appellant is aggrieved by the interlocutory orders 

he wisheS to challenge on appeal, see Jacinto, 129 Nev. at 303, 300 P.3d at 

726 (defining aggrieved for purposes of NRAP 3A(a)), he is not aggrieved by 

the final judgment. Therefore, we conclude appellant lacks standing to 

appeal and we grant respondent& motion to dismiss this appeal. However, 

we deny respondents request to impose sanctions pursuant to NRAP 38. 

Accordingly, we 

ORDER this appeal DISMISSED. 

J. , J. 

Stiglich 

cc: Hon. Nancy L. Allf, District Judge 

Persi J. Mishel, Settlement Judge 

McDonald Carano LLP/Las Vegas 

Garman Turner Gordon 

Brownstein Hyatt Farber Schreck, LLP/Las Vegas 

Holland & Hart LLP/Las Vegas 

Lipson Neilson P.C. 

Eighth District Court Clerk 

3 

Parraguirre 

Hardesty