Hilton Hotels Corp., 100 Nev. 207, 209, 678 P.2d 1152, 1153 (1984)
(providing that this court has jurisdiction to consider an appeal only when
the appeal is authorized by statute or court rule). Because the parties had
previously stipulated to consolidate these two appeals, this court deferred
ruling on that stipulation and suspended the briefing in both appeals.
In appellant Markowitz's timely response to the order to show
cause, he asserted that this court has jurisdiction to consider this appeal
under NRS 155.190(1)(k), (m), or (n), or under NRAP 3A(b)(1) because the
order is a final judgment. Because the May 29 order only denies
appellant's request to declare the trust revoked, however, it does not
determine heirship or the persons to whom distribution must be made, see
NRS 155.190(1)(k), especially as the May 29 order recognizes that
property may still pass through both the trust and the will. The May 29
order also does not make a decision regarding an amount in controversy in
excess of $10,000. See NRS 155.190(1)(n). While the order may
eventually affect the distribution of assets that are in excess of $10,000, it
does not directly resolve any controversy as to assets in excess of $10,000.
Further, the May 29 order does not refuse to make any order mentioned in
NRS 155.190(1) because that statute does not address orders concerning a
petition to declare a trust revoked. NRS 155.190(1)(m). Lastly, the May
29 order is not a final judgment resolving all pending issues in the probate
action, which remains pending below. See NRAP 3A(b)(1); Lee v. GNLV
Corp., 116 Nev. 424, 426-27, 996 P.2d 416, 417 (2000). Accordingly, as
Markowitz failed to demonstrate jurisdiction, we conclude that dismissal
of this appeal is warranted, and we order the dismissal of the appeal in
Docket No. 65983.
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Because the appeal in Docket No. 65983 has been dismissed,
we deny as moot the parties' motion to consolidate these two appeals.
Thus, we reinstate the briefing schedule in Docket No. 63960. Appellant
shall have 45 days from the date of this order to file and serve the opening
brief and appendix. Thereafter, briefing shall proceed in accordance with
NRAP 31(a)(1).
It is so ORDERED. 1
AA;
Hardesty
J.
cc: Hon. Gloria Sturman, District Judge
Callister & Frizell
Clear Counsel Law Group
Goodsell & Olsen
Eighth District Court Clerk
'Because William Fink's reply to the response to the order to show
cause has already been filed, we deny as moot his September 22, 2014,
motion for leave to file excess pages.
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