RJS Legacy, LLC v. IBMS LLC

RJS Legacy · Supreme Court of Nevada · October 21, 2021 · No. 82577

Summary

The Nevada Supreme Court dismissed an appeal from an order appointing a successor interim receiver for lack of appellate jurisdiction. The court held that NRAP 3A(b)(4), which permits appeals from orders appointing or refusing to appoint a receiver, does not authorize an appeal from an order appointing a successor receiver.

Holdings

  1. NRAP 3A(b)(4) does not permit an appeal from a district court order appointing a successor receiver.
  2. Because no other statute or court rule appeared to authorize an appeal from the challenged order, the Supreme Court of Nevada lacked jurisdiction.

Questions Presented

  1. Whether NRAP 3A(b)(4), which permits an appeal from an order appointing or refusing to appoint a receiver, authorizes an appeal from an order appointing a successor receiver.
  2. Whether any other statute or court rule authorized appellate jurisdiction over the order appointing the successor receiver.

Disposition

dismissed

Cases Cited (5)

  • Yonker Constr., Inc. v. Hulme, 126 Nev. 590, 592, 248 P.3d 313, 314 (2010)(followed)
  • City & Cty. of San Francisco v. Shers, 46 Cal. Rptr. 2d 57 (Ct. App. 1995)(followed by analogy)
  • Swate v. Johnston, 981 S.W.2d 923, 925 (Tex. App. 1998)(followed by analogy)
  • State v. Superior Ct. of Spokane Cty., 34 P. 431 (1893)(followed by analogy)
  • Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013)(followed)

Cited In (0)

No citing cases on record yet.

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