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Albert D. Massi, Ltd. v. Bellmyre

Supreme Court of Nevada
Dec 19, 1995
111 Nev. 1520 (Nev. 1995)

Summary

holding that an attorney had no standing to appeal from an order determining an attorney's lien

Summary of this case from Cashill v. Second Judicial Dist. Court of State

Opinion

No. 26451

December 19, 1995

Appeal from Eighth Judicial District Court, Clark County; John S. McGroarty, Judge.

Albert D. Massi, Ltd. and Allen A. Capp, Las Vegas, for Appellant.

Eva Garcia-Mendoza, Las Vegas, for Respondent.


OPINION


This is an appeal from an order of the district court determining an attorney's lien. The attorney has filed this appeal. Respondent, the attorney's former client and the plaintiff in the action below, filed a motion to dismiss the appeal on the grounds that appellant is not a party to the action and therefore has no standing to appeal. NRAP 3A(a). Appellant opposes the motion.

Respondent hired appellant to represent her in a personal injury suit against the Hard Rock Cafe. Appellant filed an action on behalf of respondent, filed several subsequent documents and initiated discovery. Appellant then substituted out of the case and filed a notice of attorney's lien for his fees and costs pursuant to NRS 18.015. Respondent settled her suit with the Hard Rock Cafe and then moved for a determination of appellant's attorney's lien. The district court ordered the attorney's fees stricken from the lien and granted appellant only his costs. Appellant appeals from the district court's order.

Respondent contends that the appeal should be dismissed because appellant lacks standing to appeal as he was not a party to the action below. We agree. See NRAP 3A(a). To qualify as a party, an entity must have been named and served. Rae v. All American Life Cas. Co., 95 Nev. 920, 922, 605 P.2d 196, 197 (1979).

Pursuant to NRAP 3A(a), we have consistently held that only an aggrieved party may appeal from an adverse decision. See, e.g., Valley Bank of Nevada v. Ginsburg, 110 Nev. 440, 874 P.2d 729 (1994) (holding that non-party shareholders were not "parties" with standing to appeal from an order approving settlement of a derivative action and they should instead seek review by extraordinary writ); Gladys Baker Olsen Fam. Trust v. Olsen, 109 Nev. 838, 858 P.2d 385 (1993) (holding that family trust had no standing as a party to appeal from an order issued in an action to enforce compliance with a spousal support agreement and relief by writ petition was the proper remedy); Aetna Life Casualty v. Rowan, 107 Nev. 362, 812 P.2d 350 (1991) (holding that no appeal lies from the denial of a motion to intervene because the entity which moved unsuccessfully for intervention never became a party to the action). While each of the above claimants was arguably "aggrieved," like appellant, none was named as a party. Accordingly, none had a right to appeal. NRAP 3A(a).

Finally, in an analogous context, this court has specifically determined that an attorney representing a client in a case is not a party to the action and does not have standing to appeal. Albany v. Arcata Associates, 106 Nev. 688, 799 P.2d 566 (1990). Appellant here is not a party to his client's case and has no standing to appeal from the order determining his attorney's lien. Appellant's proper recourse is through a petition for extraordinary writ. Id. at 609 n. 1, 799 P.2d at 567 n. 1.

Accordingly, we grant respondent's motion to dismiss, and we dismiss this appeal for lack of jurisdiction.


Summaries of

Albert D. Massi, Ltd. v. Bellmyre

Supreme Court of Nevada
Dec 19, 1995
111 Nev. 1520 (Nev. 1995)

holding that an attorney had no standing to appeal from an order determining an attorney's lien

Summary of this case from Cashill v. Second Judicial Dist. Court of State

holding that an attorney is not a party to his client's case and therefore lacks standing to appeal from a determination concerning his attorney's lien such that writ relief is appropriate

Summary of this case from Barber v. First Judicial Dist. Court

concluding that appellant attorney, who was not a party to the action below, had no standing to appeal the order determining his liens, and that his proper recourse was through a petition for extraordinary writ

Summary of this case from Leverty & Associates Law, Chtd. v. Exley

concluding that an attorney was not a party to his client’s case and did not have standing to appeal an order determining his attorney’s lien

Summary of this case from Law Office of A.J. Kung, Inc. v. Ronni Council

concluding that appellant attorney, who was not a party to the action below, had no standing to appeal the order determining his liens, and that his proper recourse was through a petition for extraordinary writ

Summary of this case from Oswalt v. Hall

recognizing that "an attorney representing a client in a case is not a party to the action and does not have standing to appeal"

Summary of this case from Phillips v. Burford

recognizing that “an attorney representing a client in a case is not a party to the action and does not have standing to appeal”

Summary of this case from Phillips v. Burford

dismissing an appeal filed by a party’s attorney for lack of standing

Summary of this case from Lowden v. Aman

explaining that to qualify as a party, a person must have been named and served

Summary of this case from Shepherd v. Scott

stating that “an attorney representing a client in a case is not a party to the action and does not have standing to appeal”

Summary of this case from Haley v. Eighth Judicial Dist. Court of Nevada

stating that a party is someone who has been named as served

Summary of this case from Settelmeyer Sons v. Smith Harmer

explaining that only a party has a right to appeal an adverse decision of the district court

Summary of this case from Mesi v. Servicing
Case details for

Albert D. Massi, Ltd. v. Bellmyre

Case Details

Full title:ALBERT D. MASSI, LTD., APPELLANT, v. CAROL BELLMYRE, RESPONDENT

Court:Supreme Court of Nevada

Date published: Dec 19, 1995

Citations

111 Nev. 1520 (Nev. 1995)
908 P.2d 705

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