In Re: Estate of Branch-Garner

• Court: Nevada Supreme Court
• Decided: June 3, 2019
• Docket: 77831
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

IN THE MATTER OF THE ESTATE OF No. 77831 ANNE BRANCH-GARNER, A/K/A ANNE E. BRANCH-GARNER, DECEASED.

GERALDINE KIRK-HUGHES, FILED Appellant, VS. JUN 03 2 019 der ESTATE OF ANNE BRANCH-GARNER; BROWN ME COURT CHRISTINA E. DONALDSON; AND BY DEPUTY CLERK MELODY L. MOSES, AS CO- ADMINISTRATORS OF THE ESTATE OF ANNE BRANCH-GARNER, Respondents.

ORDER DISMISSING APPEAL This is an appeal from a district court order in a probate matter. Eighth Judicial District Court, Clark County; Gloria Sturman, Judge. This court previously entered an order directing appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Specifically, it appeared that appellant was not a party to the proceedings below and, therefore, lacked standing to appeal from the district court's order. This court's rules extend the right to appeal only to aggrieved parties. NRAP 3A(a). In response to this court's orderS to show cause, appellant concedes that she was not a party to the proceedings below, but argues that she has standing to appeal based on the fact that she is aggrieved by the challenged order because the order rendered a money judgment against her. This court has previously rejected the position taken by appellant. See Gladys Baker Olsen Family Tr. v. Olsen, 109 Nev. 838, 840-41, 858 P.2d SUPREME COURT OF NEVADA 11-1 31 17 (0) 1947N e 385, 386-87 (1993) (declining to adopt a similar argument); Albany v. Arcata Assocs., Inc., 106 Nev. 688, 689-90, 799 P.2d 566, 567-68 (1990) (holding that an attorney for defendants could not appeal an order imposing sanctions upon him because he was not a party to the action, and observing that the attorney's appropriate remedy was to petition this court for extraordinary relief). Because appellant was not a party below, she lacks standing to pursue this appeal. Accordingly, this appeal is dismissed without prejudice to appellant's right to seek this court's intervention by way of extraordinary writ. It is so ORDERED.

I alc„, J. Hardesty

1/4-1402,3 ,J Stiglich Silver

cc: Hon. Gloria Sturman, District Judge Carolyn Worrell, Settlement Judge Guinness Law Firm Blackrock Legal, LLC Eighth District Court Clerk

SUPREME COURT OF NEVADA

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