In Re: Guardianship Of Sheldon

• Court: Nevada Supreme Court
• Decided: July 30, 2021
• Docket: 82515
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

IN THE MATTER OF THE No. 82515 GUARDIANSHIP OF THE PERSON AND ESTATE OF DEYAN LYON SHELDON, AN ADULT PROTECTED PERSON. f4 FILED T... ' KATIE BINDRUP, JUL 0 2021 Appellant, A. BROWN vs. NYE COUNTY OFFICE OF PUBLIC GUARDIAN, Respondent.

ORDER DISMISSING APPEAL

This is an appeal from an order reducing attorney fees awarded to appellant pursuant to a contract of engagement with the Public Guardian to represent a protected person. Fifth Judicial District Court, Nye County; Kimberly A. Wanker, Judge. Because this court has held that "an attorney representing a client in a case is not a party to the action and does not have standing to appeal," Albert D. Massi, Ltd. v. Bellmyre, 111 Nev. 1520, 1521, 908 P.2d 705, 706 (1995), this court directed appellant to show cause why this appeal should not be dismissed for appellant's lack of standing to appeal. See NRAP 3A(a). Appellant has responded and argues that because she was engaged by the Public Guardian to establish a special needs trust for a protected person, and that NRS 159.375(3) permits an appeal to be taken froni an order "settling an account" that she has standing to bring this appeal. In

SUPREME COURT OF l NEVROA

101 1947A ILIPW s \--22A51 the alternative, appellant requests this court treat the appeal as a petition for a writ of mandamus. Respondent has filed a reply.' NRS 159.344 governs compensation paid to attorneys representing protected persons, but does not make an attorney a party to the action and does not specifically address the rights to an appeal. NRS 159.372(3) appears to refer to the settling of an account under NRS 159.176- 184, not to the payment of fees to an attorney. "[T] he burden rests squarely upon the shoulders of a party seeking to invoke our jurisdiction to establish, to our satisfaction, that this court does in fact have jurisdiction." Moran v. Bonneville Square Assoc's., 117 Nev. 525, 527, 25 P.3d 898, 899 (2001). Appellant fails to meet this standard. Accordingly, this appeal is dismissed. This court declines to treat the notice of appeal as a petition for a writ of mandamus. Appellant may file a petition for a writ of mandamus in accordance with NRAP 21, if deemed warranted. It is so ORDERED.

.414C4-0 Stiglich Silver

1Respondent's motion for an extension of time to file a reply to appellant's response to the order to show cause is granted. Respondent's reply was filed on July 16, 2021. SUPREME COURT OF NEVADA

on 1447A *lap 2 -. . cc: Hon. Kimberly A. Wanker, District Judge Carolyn Worrell, Settlement Judge David Bindrup Law Firm, PLLC Nye County District Attorney Nye County Clerk

SUPREME COURT OF NEVADA

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