Monday, December 05, 2022 1:24:00 PM
Gladys Baker Olsen Fam. Trust v. Olsen
Supreme Court of Nevada
109 Nev. 838 (Nev. 1993)
In light of the foregoing, we conclude that the district court lacked jurisdiction to enter the order of June 11, 1993, permitting the Trust to intervene for the sole purpose of appealing the court's earlier order of June 2, 1993. See Lopez v. Merit Ins. Co., 109 Nev. 553, 853 P.2d 1266 (1993). Therefore, the Trust cannot now properly be considered "a party" to the action below, and this court lacks jurisdiction to entertain this appeal. See Aetna Life Casualty v. Rowan, 107 Nev. 362, 812 P.2d 350 (1991); Albany v. Arcata Associates, 106 Nev. 688, 799 P.2d 566 (1990). Accordingly, we order this appeal dismissed without prejudice to the Trust's right to seek this court's intervention by way of extraordinary writ.Footnote2
Footnote2: The trust shall have fifteen (15) days from the date of this order within which to file a properly documented petition for extraordinary relief with the clerk of this court. Further, the stay previously issued by this court shall remain in effect until such time as the remittitur in this appeal issues. See NRAP 41(a) (the remittitur of the court shall issue fifteen days after the entry of judgment).
https://casetext.com/case/gladys-baker-olsen-fam-trust-v-olsen#p841
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