April 6, 1978
Original proceeding for writ of mandamus or, alternatively, a writ of certiorari. Eighth Judicial District Court, Clark County; Joseph S. Pavlikowski, Judge.
Thorndal and Liles, Ltd., and Robert W. Austin, Las Vegas, for Petitioner.
James L. Buchanan, II, Las Vegas, for Respondents.
In this original proceeding petitioner attempts to compel the district court to annul its order granting partial summary judgment for Cherubini and wife against petitioner Mid-Century Insurance Company's fixing the Company's liability for fire loss incurred by the insureds Cherubinis. The issue of damages has not been tried. NRCP 56(c). The judgment, therefore, is not a final judgment, cf. Dzack v. Marshall, 80 Nev. 345, 393 P.2d 610 (1964), and may not be reviewed by this Court except by permissive appeal. NRCP 54(b); NRAP 3A(b).