OPINION
PER CURIAM:
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,
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