Estate of Sarge v. Quality Loan Serv. Corp. (In re Estate of Sarge)

432 P.3d 718
CourtNevada Supreme Court
DecidedDecember 27, 2018
DocketNo. 73286
StatusPublished
Cited by14 cases

This text of 432 P.3d 718 (Estate of Sarge v. Quality Loan Serv. Corp. (In re Estate of Sarge)) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estate of Sarge v. Quality Loan Serv. Corp. (In re Estate of Sarge), 432 P.3d 718 (Neb. 2018).

Opinion

By the Court, PICKERING, J.:

In Mallin v. Farmers Insurance Exchange, 106 Nev. 606, 609, 797 P.2d 978, 980 (1990), this court held that cases consolidated by the district court become a single case for all appellate purposes. By extension, Mallin holds that an order that resolves fewer than all claims in a consolidated action is not appealable as a final judgment, even if the order resolves all of the claims in one of the consolidated cases. Based on foundational problems with Mallin, the history of NRCP 42(a), and the United States Supreme Court's recent decision in *720Hall v. Hall, 584 U.S. ----, 138 S.Ct. 1118, 200 L.Ed.2d 399 (2018), we overrule the consolidation rule announced in Mallin and hold that an order finally resolving a constituent consolidated case is immediately appealable as a final judgment even where the other constituent case or cases remain pending. Because the order challenged on appeal here finally resolved one of three consolidated cases, it is appealable and this appeal may proceed.

FACTS AND PROCEDURAL HISTORY

Appellant estates through proposed executrix Jill Sarge (Sarge) filed a complaint for reentry onto real property, asserting that respondent Quality Loan Service Corporation violated NRS 107.080 with respect to its foreclosure of the property.1 On the same day, Sarge also filed petitions to set aside the estates. The district court consolidated the three cases, stating that "all future pleadings and papers shall be filed under the real property case number" corresponding to the complaint for reentry. Later, the district court dismissed the reentry complaint, concluding that the trustee complied with applicable law. This appeal from the dismissal order followed.

The docketing statement suggested that the order dismissing the complaint for reentry was not appealable as a final judgment under NRAP 3A(b)(1), because the claims in the consolidated cases appeared to remain pending. See Mallin, 106 Nev. at 609, 797 P.2d at 980. We thus ordered appellants to show cause why the appeal should not be dismissed for lack of jurisdiction. After appellants filed their response, the United States Supreme Court decided Hall v. Hall, holding that an order resolving one of several cases consolidated pursuant to FRCP 42(a) is immediately appealable. 584 U.S. ----, 138 S.Ct. 1118. We directed the parties to file supplemental briefs discussing the impact of Hall on our interpretation of NRCP 42(a) ; specifically, we asked the parties to address whether in light of Hall, cases consolidated in the district court should continue to be treated as a single case for appellate purposes.2

Appellants urge us to interpret NRCP 42(a) as the Supreme Court interpreted FRCP 42(a) in Hall. They assert that NRCP 42(a) is modeled after FRCP 42(a) and cases interpreting FRCP 42(a) are thus strongly persuasive. Further, one of the cases Mallin relied upon, Huene v. United States, 743 F.2d 703 (9th Cir. 1984), was overturned by Hall and no longer supports the holding in Mallin.

Quality Loan asserts that the holding in Hall is not binding on this court and the doctrine of stare decisis requires that Mallin remain the law. Quality Loan also contends that the holding of Hall is not well suited to Nevada and its courts of general jurisdiction. Rosehill argues that Hall did not overrule Huene and has no application to this court's decision in Mallin.

DISCUSSION

In Mallin, the court sua sponte questioned whether an order resolving one of two consolidated cases is appealable as a final judgment without a certification of finality under NRCP 54(b). 106 Nev. at 608-09, 797 P.2d at 980. The court answered in the negative based on policy considerations. Allowing an appeal before the entire consolidated action was resolved, the court reasoned, could complicate the district court proceedings and cause duplication of efforts by the appellate court. Id. at 609, 797 P.2d at 980. The district court, it concluded, "is clearly in the best position to determine whether allowing an appeal would frustrate the purpose for which the cases were consolidated." Id. Accordingly, "when cases are consolidated by the district court, they become one case for all appellate purposes." Id. Under this rule, an order resolving fewer than all claims in a consolidated action is not an appealable final *721judgment unless it is certified as final under NRCP 54(b). Id.

The court in Mallin did not acknowledge the rule allowing consolidation, NRCP 42(a). But analyzing consolidation must necessarily start with the rule authorizing it. And as discussed below, NRCP 42(a) does not support the result reached in Mallin.

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Cite This Page — Counsel Stack

Bluebook (online)
432 P.3d 718, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-sarge-v-quality-loan-serv-corp-in-re-estate-of-sarge-nev-2018.