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Mei-Gsr Holdings, Llc v. Thomas

2022-04-18

Summary

Holding. The appeal was dismissed for lack of jurisdiction due to the premature filing of the notice of appeal.

The Nevada Supreme Court dismissed an appeal after finding that the appellants filed their notice of appeal prematurely. The appellants had filed the notice of appeal after submitting tolling motions but before those motions were resolved by the district court. The appellants later requested a 60-day extension to allow the district court to address the pending motions before the appeal proceeded. The Supreme Court rejected this request, reasoning that appellate procedure rules do not contemplate premature notices of appeal remaining pending on the court's docket indefinitely while parties continue litigating in the trial court.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Timeliness of notice of appeal under Nevada Rules of Appellate Procedure
  • Jurisdiction of appellate court when notice of appeal filed before resolution of tolling motions
  • Effect of premature notice of appeal on appellate docket

Procedural posture

The appellants appealed from orders granting motions for instructions to a receiver and various interlocutory orders from the district court, but the Supreme Court found the notice of appeal was filed prematurely in violation of appellate procedure rules.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Supreme Count

OF

NEVADA

(0) 167A <i

IN THE SUPREME COURT OF THE STATE OF NEVADA

MEI-GSR HOLDINGS, LLC, A NEVADA

LIMITED LIABILITY COMPANY;

GRAND SIERRA RESORT UNIT

OWNERS' ASSOCIATION, A NEVADA

NON-PROFIT CORPORATION; GAGE

VILLAGE COMMERICAL

DEVELOPMENT, LLC, A NEVADA

LIMITED LIABILITY COMPANY; AND

AM-GSR HOLDINGS, LLC, ANEVADA

LIMITED LIABILITY COMPANY,

Appellants,

vs.

ALBERT THOMAS, INDIVIDUALLY;

JANE DUNLAP, INDIVIDUALLY;

JOHN DUNLAP, INDIVIDUALLY;

BARRY HAY, INDIVIDUALLY; MARIEANNE ALEXANDER, AS TRUSTEE OF

THE MARIE-ANNE ALEXANDER

LIVING TRUST; MELISSA

VAGUJHELYI; GEORGE

VAGUJHELYI, AS TRUSTEES OF THE

GEORGE VAGUJHELYI AND MELISSA

VAGUJHELYI 2001 FAMILY TRUST

AGREEMENT U/T/A APRIL 138, 2001;

D'ARCY NUNN, INDIVIDUALLY;

HENRY NUNN, INDIVIDUALLY;

MADELYN VAN DER BOKKE,

INDIVIDUALLY; LEE VAN DER

BOKKE, INDIVIDUALLY; DONALD

SCHREIFELS, INDIVIDUALLY;

ROBERT R. PEDERSON,

INDIVIDUALLY AND AS TRUSTEE OF

THE PEDERSON 1990 TRUST; LOU

ANN PEDERSON, INDIVIDUALLY

AND AS TRUSTEE OF THE

PEDERSON 1990 TRUST; LORI

ORDOVER, INDIVIDUALLY; WILLIAM

A. HENDERSON, INDIVIDUALLY;

No. 84143

FILED

APR 18 2022

ELIZABETH A, PROWN

CLERK GF SUPREME COURT

BY .

DEPUTY CLERK

ar nnn

CHRISTINE E. HENDERSON,

INDIVIDUALLY; LOREN D. PARKER,

INDIVIDUALLY; SUZANNE C.

PARKER, INDIVIDUALLY; MICHAEL

IZADY, INDIVIDUALLY; STEVEN

TAKAKI, AS TRUSTEE OF THE

STEVEN W. TAKAKI & FRANCES S.

LEE REVOCABLE TRUSTEE

AGREEMENT, UTD JANUARY 11,

2000; FARAD TORABKHAN,

INDIVIDUALLY; SAHAR TAVAKOL,

INDIVIDUALLY; M&Y HOLDINGS,

LLC; JL&YL HOLDINGS, LLC: SANDI

RAINES, INDIVIDUALLY; R.

RAGHURAM, AS TRUSTEE OF THE

RAJ AND USHA RAGHURAM LIVING

TRUST DATED APRIL 25, 2001; USHA

RAGHURAM, AS TRUSTEE OF THE

RAJ AND USHA RAGHURAM LIVING

TRUST DATED APRIL 25, 2001; LORI

K. TOKUTOMI, INDIVIDUALLY;

GARRET TOM, AS TRUSTEE OF THE

GARRET AND ANITA TOM TRUST,

DATED 5/14/2006; ANITA TOM, AS

TRUSTEE OF THE GARRET AND

ANITA TOM TRUST, DATED 5/14/2006;

RAMON FADRILAN, INDIVIDUALLY;

FAYE FADRILAN, INDIVIDUALLY;

PETER K. LEE; MONICA L. LEE, AS

TRUSTEES OF THE LEE FAMILY 2002

REVOCABLE TRUST; DOMINIC YIN,

INDIVIDUALLY; ELIAS SHAMIEH,

INDIVIDUALLY; JEFFREY QUINN,

INDIVIDUALLY; BARBARA ROSE

QUINN, INDIVIDUALLY; KENNETH

RICHE, INDIVIDUALLY; MAXINE

RICHE, INDIVIDUALLY; NORMAN

CHANDLER, INDIVIDUALLY;

BENTON WAN, INDIVIDUALLY;

TIMOTHY D. KAPLAN,

Sunneue Count INDIVIDUALLY; SILKSCAPE INC.;

OF

NEVADA

(0) 167A <<Go

Supreme Court

OF

NEVADA

(0) 19474 <Rae

PETER CHENG, INDIVIDUALLY;

ELISA CHENG, INDIVIDUALLY; GREG

A. CAMERON, INDIVIDUALLY; TMI PROPERTY GROUP, LLC; RICHARD LUTZ, INDIVIDUALLY; SANDRA

LUTZ, INDIVIDUALLY; MARY A.

KOSSICK, INDIVIDUALLY; MELVIN

H. CHEAH, INDIVIDUALLY; DI SHEN,

INDIVIDUALLY; NADINE'S REAL

ESTATE INVESTMENTS, LLC; AJIT

GUPTA, INDIVIDUALLY; SEEMA

GUPTA, INDIVIDUALLY; FREDRICK

FISH, INDIVIDUALLY; LISA FISH,

INDIVIDUALLY; ROBERT A.

WILLIAMS, INDIVIDUALLY;

JACQUELIN PHAM, AS MANAGER OF

CONDOTEL 1906, LLC; MAY ANNE

HOM, AS TRUSTEE OF THE MAY

ANNE HOM TRUST; MICHAEL

HURLEY, INDIVIDUALLY; DUANE

WINDHORST, TRUSTEE OF DUANE

WINDHORST TRUST U/A DTD.

01/15/2003 AND MARILYN

WINDHORST TRUST U/A DTD.

01/015/2003; MARILYN WINDHORST,

AS TRUSTEE OF DUANE

WINDHORST TRUST U/A DTD.

01/15/2003 AND MARILYN L.

WINDHORST TRUST U/A

DTD.01/15/2003; VINOD BHAN,

INDIVIDUALLY; ANNE BHAN,

INDIVIDUALLY; GUY P. BROWNE,

INDIVIDUALLY; GARTH A.

WILLIAMS, INDIVIDUALLY; PAMELA

Y. ARATANI, INDIVIDUALLY;

DARLEEN LINDGREN,

INDIVIDUALLY; LAVERNE ROBERTS,

INDIVIDUALLY; DOUG MECHAM,

INDIVIDUALLY; CHRISINE MECHAM,

INDIVIDUALLY; KWANG SOON SON,

INDIVIDUALLY; SOO YEU MOON,

INDIVIDUALLY; JOHNSON

AKINDODUNSE, INDIVIDUALLY;

IRENE WEISS, AS TRUSTEE OF THE

WEISS FAMILY TRUST; PRAVESH

CHOPRA, INDIVIDUALLY; TERRY

POPE, INDIVIDUALLY; NANCY POPE,

INDIVIDUALLY; JAMES TAYLOR,

INDIVIDUALLY; RYAN TAYLOR,

INDIVIDUALLY; KI NAM CHOI,

INDIVIDUALLY; YOUNG JA CHOI,

INDIVIDUALLY; SANG DAE SOHN,

INDIVIDUALLY; KUK HYUN

(CONNIE) YOO, INDIVIDUALLY;

SANG SOON (MIKE) YOO,

INDIVIDUALLY; BRETT MENMUIR,

AS MANAGER OF CARRERA

PROPERTIES, LLC; WILLIAM MINER,

JR., INDIVIDUALLY; CHANH

TRUONG, INDIVIDUALLY;

ELIZABETH ANDERS MECUA,

INDIVIDUALLY; SHEPHERD

MOUNTAIN, LLC; ROBERT

BRUNNER, INDIVIDUALLY; AMY

BRUNNER, INDIVIDUALLY; JEFF

RIOPELLE, AS TRUSTEE OF THE

RIOPELLE FAMILY TRUST; PATRICIA

M. MOLL, INDIVIDUALLY; AND

DANIEL MOLL, INDIVIDUALLY,

Respondents.

ORDER DISMISSING APPEAL

This is an appeal from a series of orders granting motions for instructions to the appointed receiver and various interlocutory orders. Second Judicial District Court, Washoe County; Nancy M. Saitta, Judge.

Because it appeared that the notice of appeal was prematurely filed, after the timely filing of tolling motions and before the resolution of

those motions, this court entered an order directing appellants to show Supreme Court

OF

NeEvaDA

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cause why the appeal should not be dismissed for lack of jurisdiction. Appellants have filed a motion for an extension of time of 60 days to respond to the order to show cause. Appellants concede the notice of appeal was prematurely filed for the reasons this court observed but ask this court for the extension to permit the district court to consider its jurisdiction over the pending motions and to revolve those motions. The motion is denied.

The rules of appellate procedure do not anticipate that parties should file a premature notice of appeal or that a premature notice of appeal should linger indefinitely on this court's docket while the parties and the district court continue to resolve outstanding motions. NRAP 4(a)(6). This court lacks jurisdiction. Appellants may file an appeal from a final

appealable order. This court

ORDERS this appeal DISMISSED.

pAge lech, , dé.

Hardesty

ant —_—o

Herndon

cc: Chief Judge, The Second Judicial District Court

Hon. Nancy M. Saitta, Senior Justice

Lewis Roca Rothgerber Christie LLP/Las Vegas

Meruelo Group LLC

Robertson, Johnson, Miller & Williamson

Lemons, Grundy & Eisenberg

Supreme Count Washoe District Court Clerk

OF

NEVADA

(0) 16474 <B>