In re Lenk Family Trust

Summary

The Supreme Court of Nevada dismissed a pro se appeal from several probate-case orders because the notice of appeal was filed more than 30 days after service of notice of entry of each order. The court held that the cited probate and trust orders were appealable under NRS 155.190 and that an untimely appeal could not be rescued by an allegedly void order or an untimely NRCP 60(b) motion. The appellants' emergency motion for a stay was denied as moot.

Holdings

1. The appeal was untimely because the notice of appeal was filed more than 30 days after service of notice of entry of each appealed order.
2. The NRCP 60(b) motion did not toll the appeal period because it was filed outside the timeframe for tolling motions.
3. Allegations that an order is void do not waive the jurisdictional deadline for filing a notice of appeal.
4. The emergency motion for stay was denied as moot because the appeal was dismissed.

Questions Presented

1. Whether the appeal was timely under NRS 155.190, NRS 164.033, NRAP 3A, and NRAP 4.
2. Whether an untimely NRCP 60(b) motion or allegations that the appealed orders were void could preserve or toll the time to appeal.
3. Whether the Supreme Court could grant appellants' emergency motion for a stay.

Disposition

dismissed