Opinion
85915 86092 86985 87243 87566 87567 87685
12-29-2023
MEI-GSR HOLDINGS, LLC, A NEVADA LIMITED LIABILITY COMPANY; AM-GSR HOLDINGS, LLC, A NEVADA LIMITED LIABILITY COMPANY; AND GAGE VILLAGE COMMERCIAL DEVELOPMENT, LLC, A NEVADA LIMITED LIABILITY COMPANY, Appellants/Cross-Respondents, v. ALBERT THOMAS, INDIVIDUALLY; JANE DUNLAP, INDIVIDUALLY; JOHN DUNLAP, INDIVIDUALLY; BARRY HAY, INDIVIDUALLY; MARIE-ANNE ALEXANDER, AS TRUSTEE OF THE MARIE-ANNIE ALEXANDER LIVING TRUST; MELISSA VAGUJHELYI AND GEORGE VAGUJHELYI, AS TRUSTEES OF THE GEORGE VAGUJHELYI AND MELISSA VAGUJHELYI 2001 FAMILY TRUST AGREEMENT, U/T/A APRIL 13, 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; CHRISTINE E. HENDERSON, INDIVIDUALLY; LOREN D. PARKER, INDIVIDUALLY; SUZANNE C. PARKER, INDIVIDUALLY; MICHAEL IZADY, INDIVIDUALLY; STEVEN TAKAKI, INDIVIDUALLY; FARAD TORABKHAN, INDIVIDUALLY; SAHAR TAVAKOL, INDIVIDUALLY; M&Y HOLDINGS, LLC; JL&YL HOLDINGS, LLC; SANDI RAINES, INDIVIDUALLY; R. RAGHURAM, INDIVIDUALLY; USHA RAGHURAM, INDIVIDUALLY; LORI K. TOKUTOMI, INDIVIDUALLY; GARRET TOM, INDIVIDUALLY; ANITA TOM, INDIVIDUALLY; RAMON FADRILAN, INDIVIDUALLY; FAYE FADRILAN, INDIVIDUALLY; PETER K. LEE AND 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, INDIVIDUALLY; SILKSCAPE INC.; 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 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, INDIVIDUALLY; MAY ANN HOM, AS TRUSTEE OF THE MAY ANN HOM TRUST; MICHAEL HURLEY, INDIVIDUALLY; DOMINIC YIN, INDIVIDUALLY; DUANE WINDHORST, INDIVIDUALLY; MARILYN WINDHORST, INDIVIDUALLY; VINOD BHAN, INDIVIDUALLY; ANNE BHAN, INDIVIDUALLY; GUY P. BROWNE, INDIVIDUALLY; GARTH A. WILLIAMS, INDIVIDUALLY; PAMELA Y. ARATANI, INDIVIDUALLY; DARLENE LINDGREN, INDIVIDUALLY; LAVERNE ROBERTS, INDIVIDUALLY; DOUG MECHAM, INDIVIDUALLY; CHRISINE MECHAM, INDIVIDUALLY; KWANGSOO SON, INDIVIDUALLY; SOO YEUN 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 HAM, INDIVIDUALLY; YOUNG JA CHOI, INDIVIDUALLY; SANG DAE SOHN, INDIVIDUALLY; KUK HYUNG (CONNIE) YOO, INDIVIDUALLY; SANG (MIKE) YOO, INDIVIDUALLY; BRETT MENMUIR, AS TRUSTEE OF THE CAYENNE TRUST; WILLIAM MINER, JR., INDIVIDUALLY; CHANH TRUONG, INDIVIDUALLY; ELIZABETH ANDERS MECUA, INDIVIDUALLY; SHEPHERD MOUNTAIN, LLC; ROBERT BRUNNER, INDIVIDUALLY; AMY BRUNNER, INDIVIDUALLY; JEFF RIOPELLE, INDIVIDUALLY; PATRICIA M. MOLL, INDIVIDUALLY; AND DANIEL MOLL, INDIVIDUALLY, Respondents/Cross-Appellants. MEI-GSR HOLDINGS, LLC, A NEVADA LIMITED LIABILITY COMPANY; AM-GSR HOLDINGS, LLC, A NEVADA LIMITED LIABILITY COMPANY; AND GAGE VILLAGE COMMERCIAL DEVELOPMENT, LLC, A NEVADA LIMITED LIABILITY COMPANY, Appellants/Cross-Respondents, v. ALBERT THOMAS, INDIVIDUALLY; JANE DUNLAP, INDIVIDUALLY; JOHN DUNLAP, INDIVIDUALLY; BARRY HAY, INDIVIDUALLY; MARIE-ANNE ALEXANDER, AS TRUSTEE OF THE MARIE-ANNIE ALEXANDER LIVING TRUST; MELISSA VAGUJHELYI AND GEORGE VAGUJHELYI, AS TRUSTEES OF THE GEORGE VAGUJHELYI AND MELISSA VAGUJHELYI 2001 FAMILY TRUST AGREEMENT, U/T/A APRIL 13, 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; CHRISTINE E. HENDERSON, INDIVIDUALLY; LOREN D. PARKER, INDIVIDUALLY; SUZANNE C. PARKER, INDIVIDUALLY; MICHAEL IZADY, INDIVIDUALLY; STEVEN TAKAKI, INDIVIDUALLY; FARAD TORABKHAN, INDIVIDUALLY; SAHAR TAVAKOL, INDIVIDUALLY; M&Y HOLDINGS, LLC; JL&YL HOLDINGS, LLC; SANDI RAINES, INDIVIDUALLY; R. RAGHURAM, INDIVIDUALLY; USHA RAGHURAM, INDIVIDUALLY; LORI K. TOKUTOMI, INDIVIDUALLY; GARRET TOM, INDIVIDUALLY; ANITA TOM, INDIVIDUALLY; RAMON FADRILAN, INDIVIDUALLY; FAYE FADRILAN, INDIVIDUALLY; PETER K. LEE AND 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, INDIVIDUALLY; SILKSCAPE INC.; 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 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, INDIVIDUALLY; MAY ANN HOM, AS TRUSTEE OF THE MAY ANN HOM TRUST; MICHAEL HURLEY, INDIVIDUALLY; DOMINIC YIN, INDIVIDUALLY; DUANE WINDHORST, INDIVIDUALLY; MARILYN WINDHORST, INDIVIDUALLY; VINOD BHAN, INDIVIDUALLY; ANNE BHAN, INDIVIDUALLY; GUY P. BROWNE, INDIVIDUALLY; GARTH A. WILLIAMS, INDIVIDUALLY; PAMELA Y. ARATANI, INDIVIDUALLY; DARLENE LINDGREN, INDIVIDUALLY; LAVERNE ROBERTS, INDIVIDUALLY; DOUG MECHAM, INDIVIDUALLY; CHRISINE MECHAM, INDIVIDUALLY; KWANGSOO SON, INDIVIDUALLY; SOO YEUN 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 HAM, INDIVIDUALLY; YOUNG JA CHOI, INDIVIDUALLY; SANG DAE SOHN, INDIVIDUALLY; KUK HYUNG (CONNIE) YOO, INDIVIDUALLY; SANG (MIKE) YOO, INDIVIDUALLY; BRETT MENMUIR, AS TRUSTEE OF THE CAYENNE TRUST; WILLIAM MINER, JR., INDIVIDUALLY; CHANH TRUONG, INDIVIDUALLY; ELIZABETH ANDERS MECUA, INDIVIDUALLY; SHEPHERD MOUNTAIN, LLC; ROBERT BRUNNER, INDIVIDUALLY; AMY BRUNNER, INDIVIDUALLY; JEFF RIOPELLE, INDIVIDUALLY; PATRICIA M. MOLL, INDIVIDUALLY; AND DANIEL MOLL, INDIVIDUALLY, Respondents/Cross-Appellants. MEI-GSR HOLDINGS, LLC, A NEVADA LIMITED LIABILITY COMPANY; AM-GSR HOLDINGS, LLC, A NEVADA LIMITED LIABILITY COMPANY; AND GAGE VILLAGE COMMERCIAL DEVELOPMENT, LLC, A NEVADA LIMITED LIABILITY COMPANY, Appellants, v. ALBERT THOMAS, INDIVIDUALLY; JANE DUNLAP, INDIVIDUALLY; JOHN DUNLAP, INDIVIDUALLY; BARRY HAY, INDIVIDUALLY; MARIE-ANNE ALEXANDER, AS TRUSTEE OF THE MARIE-ANNIE ALEXANDER LIVING TRUST; MELISSA VAGUJHELYI AND GEORGE VAGUJHELYI, AS TRUSTEES OF THE GEORGE VAGUJHELYI AND MELISSA VAGUJHELYI 2001 FAMILY TRUST AGREEMENT, U/T/A APRIL 13, 2001; Dr 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; CHRISTINE E. HENDERSON, INDIVIDUALLY; LOREN D. PARKER, INDIVIDUALLY; SUZANNE C. PARKER, INDIVIDUALLY; MICHAEL IZADY, INDIVIDUALLY; STEVEN TAKAKI, INDIVIDUALLY; FARAD TORABKHAN, INDIVIDUALLY; SAHAR TAVAKOL, INDIVIDUALLY; M&Y HOLDINGS, LLC; JL&YL HOLDINGS, LLC; SANDI RAINES, INDIVIDUALLY; R. RAGHURAM, INDIVIDUALLY; USHA RAGHURAM, INDIVIDUALLY; LORI K. TOKUTOMI, INDIVIDUALLY; GARRET TOM, INDIVIDUALLY; ANITA TOM, INDIVIDUALLY; RAMON FADRILAN, INDIVIDUALLY; FAYE FADRILAN, INDIVIDUALLY; PETER K. LEE AND 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, INDIVIDUALLY; SILKSCAPE INC.; 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 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, INDIVIDUALLY; MAY ANN HOM, AS TRUSTEE OF THE MAY ANN HOM TRUST; MICHAEL HURLEY, INDIVIDUALLY; DUANE WINDHORST, INDIVIDUALLY; MARILYN WINDHORST, INDIVIDUALLY; VINOD BHAN, INDIVIDUALLY; ANNE BHAN, INDIVIDUALLY; GUY P. BROWNE, INDIVIDUALLY; GARTH A. WILLIAMS, INDIVIDUALLY; PAMELA Y. ARATANI, INDIVIDUALLY; DARLENE LINDGREN, INDIVIDUALLY; LAVERNE ROBERTS, INDIVIDUALLY; DOUG MECHAM, INDIVIDUALLY; CHRISINE MECHAM, INDIVIDUALLY; KWANGSOO SON, INDIVIDUALLY; SOO YEUN 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 HAM, INDIVIDUALLY; YOUNG JA CHOI, INDIVIDUALLY; SANG DAE SOHN, INDIVIDUALLY; KUK HYUNG (CONNIE) YOO, INDIVIDUALLY; SANG (MIKE) YOO, INDIVIDUALLY; BRETT MENMUIR, AS TRUSTEE OF THE CAYENNE TRUST; WILLIAM MINER, JR., INDIVIDUALLY; CHANH TRUONG, INDIVIDUALLY; ELIZABETH ANDERS MECUA, INDIVIDUALLY; SHEPHERD MOUNTAIN, LLC; ROBERT BRUNNER, INDIVIDUALLY; AMY BRUNNER, INDIVIDUALLY; JEFF RIOPELLE, INDIVIDUALLY; PATRICIA M. MOLL, INDIVIDUALLY; AND DANIEL MOLL, INDIVIDUALLY, Respondents. MEI-GSR HOLDINGS, LLC, A NEVADA LIMITED LIABILITY COMPANY; AM-GSR HOLDINGS, LLC, A NEVADA LIMITED LIABILITY COMPANY; AND GAGE VILLAGE COMMERCIAL DEVELOPMENT, LLC, A NEVADA LIMITED LIABILITY COMPANY, Appellants/Cross-Respondents, v. ALBERT THOMAS; JANE DUNLAP; JOHN DUNLAP; BARRY HAY; MARIE-ANNIE ALEXANDER, AS TRUSTEE OF THE MARIE-ANNE ALEXANDER LIVING TRUST; MELISSA VAGUJHELYI AND GEORGE VAGUJHELYI, AS TRUSTEES OF THE GEORGE VAGUJHELYI AND MELISSA VAGUJHELYI 2001 FAMILY TRUST AGREEMENT U/T/A APRIL 13, 2001; D'ARCY NUNN; HENRY NUNN; MADELYN VAN DER BOKKE; LEE VAN DER BOKKE; DONALD SCHREIFELS; 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; WILLIAM A. HENDERSON, INDIVIDUALLY; CHRISTINE E. HENDERSON; LOREN D. PARKER; SUZANNE C. PARKER; MICHAEL IZADY; STEVEN TAKAKI; FARAD TORABKHAN; SAHAR TAVAKOL; M&Y HOLDINGS, LLC; JL&YL HOLDINGS, LLC; SANDI RAINES; R. RAGHURAM; USHA RAGHURAM; LORI K. TOKUTOMI; GARRET TOM; ANITA TOM; RAMON FADRILAN; FAYE FADRILAN; PETER K. LEE AND MONICA L. LEE, AS TRUSTEES OF THE LEE FAMILY 2002 REVOCABLE TRUST; ELIAS SHAMIEH; JEFFREY QUINN; BARBARA ROSE QUINN; KENNETH RICHE; MAXINE RICHE; NORMAN CHANDLER; BENTON WAN; TIMOTHY D. KAPLAN; SILKSCAPE INC., A CALIFORNIA CORPORATION; PETER CHENG; ELISA CHENG; GREG A. CAMERON; TMI PROPERTY GROUP, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; RICHARD LUTZ; SANDRA LUTZ; MARY A. KOSSICK; MELVIN H. CHEAH; DI SHEN; NADINE'S REAL ESTATE INVESTMENTS, LLC; AJIT GUPTA; SEEMA GUPTA; FREDRICK FISH: LISA FISH; ROBERT A. WILLIAMS; JACQUELIN PHAM; MAY ANN HOM, AS TRUSTEE OF THE MAY ANN HOM TRUST; MICHAEL HURLEY; DOMINIC YIN; DUANE WINDHORST; MARILYN WINDHORST; VINOD BHAN; ANNE BHAN; GUY P. BROWNE; GARTH A. WILLIAMS; PAMELA Y. ARATANI; DARLENE LINDGREN; LAVERNE ROBERTS; DOUG MECHAM; CHRISINE MECHAM; KWANGSOO SON; SOO YEUN MOON; JOHNSON AKINDODUNSE; IRENE WEISS, AS TRUSTEE OF THE WEISS FAMILY TRUST; PRAVESH CHOPRA; TERRY POPE; NANCY POPE; JAMES TAYLOR; RYAN TAYLOR; KI HAM; YOUNG JA CHOI; SANG DAE SOHN; KUK HYUNG (CONNIE) YOO; SANG SOON (MIKE) YOO; BRETT MENMUIR, AS TRUSTEE OF THE CAYENNE TRUST; WILLIAM MINER, JR.; CHANH TRUONG; ELIZABETH ANDERS MECUA; SHEPARD MOUNTAIN, LLC, A TEXAS LIMITED LIABILITY COMPANY; ROBERT BRUNNER; AMY BRUNNER; JEFF RIOPELLE; PATRICIA M. MOLL; AND DANIEL MOLL, Respondents/Cross-Appellants. MEI-GSR HOLDINGS, LLC, A NEVADA LIMITED LIABILITY COMPANY; GRAND SIERRA RESORT UNIT OWNERS' ASSOCIATION, A NEVADA NONPROFIT CORPORATION; AM-GSR HOLDINGS, LLC, A NEVADA LIMITED LIABILITY COMPANY; AND GAGE VILLAGE COMMERCIAL DEVELOPMENT, LLC, A NEVADA LIMITED LIABILITY COMPANY, Appellants, v. ALBERT THOMAS; JANE DUNLAP; JOHN DUNLAP; BARRY HAY; MARIE-ANNIE ALEXANDER, AS TRUSTEE OF THE MARIE-ANNE ALEXANDER LIVING TRUST; MELISSA VAGUJHELYI AND GEORGE VAGUJHELYI, AS TRUSTEES OF THE GEORGE VAGUJHELYI AND MELISSA VAGUJHELYI 2001 FAMILY TRUST AGREEMENT U/T/A APRIL 13, 2001; D'ARCY NUNN; HENRY NUNN; MADELYN VAN DER BOKKE; LEE VAN DER BOKKE; DONALD SCHREIFELS; 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; WILLIAM A. HENDERSON, INDIVIDUALLY; CHRISTINE E. HENDERSON; LOREN D. PARKER; SUZANNE C. PARKER; MICHAEL IZADY; STEVEN TAKAKI; FARAD TORABKHAN; SAHAR TAVAKOL; M&Y HOLDINGS, LLC; JL&YL HOLDINGS, LLC; SANDI RAINES; R. RAGHURAM; USHA RAGHURAM; LORI K. TOKUTOMI; GARRET TOM; ANITA TOM; RAMON FADRILAN; FAYE FADRILAN; PETER K. LEE AND MONICA L. LEE, AS TRUSTEES OF THE LEE FAMILY 2002 REVOCABLE TRUST; ELIAS SHAMIEH; JEFFREY QUINN; BARBARA ROSE QUINN; KENNETH RICHE; MAXINE RICHE; NORMAN CHANDLER; BENTON WAN; TIMOTHY D. KAPLAN; SILKSCAPE INC., A CALIFORNIA CORPORATION; PETER CHENG; ELISA CHENG; GREG A. CAMERON; TMI PROPERTY GROUP, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; RICHARD LUTZ; SANDRA LUTZ; MARY A. KOSSICK; MELVIN H. CHEAH; DI SHEN; NADINE'S REAL ESTATE INVESTMENTS, LLC; AJIT GUPTA; SEEMA GUPTA; FREDRICK FISH; LISA FISH; ROBERT A. WILLIAMS; JACQUELIN PHAM; MAY ANN HOM, AS TRUSTEE OF THE MAY ANN HOM TRUST; MICHAEL HURLEY; DOMINIC YIN; DUANE WINDHORST; MARILYN WINDHORST; VINOD BHAN; ANNE BHAN; GUY P. BROWNE; GARTH A. WILLIAMS; PAMELA Y. ARATANI; DARLENE LINDGREN; LA VERNE ROBERTS; DOUG MECHAM; CHRISINE MECHAM; KWANGSOO SON; SOO YEUN MOON; JOHNSON AKINDODUNSE; IRENE WEISS, AS TRUSTEE OF THE WEISS FAMILY TRUST; PRAVESH CHOPRA; TERRY POPE; NANCY POPE; JAMES TAYLOR; RYAN TAYLOR; KI HAM; YOUNG JA CHOI; SANG DAE SOHN; KUK HYUNG (CONNIE) YOO; SANG SOON (MIKE) YOO; BRETT MENMUIR, AS TRUSTEE OF THE CAYENNE TRUST; WILLIAM MINER, JR.; CHANH TRUONG; ELIZABETH ANDERS MECUA; SHEPARD MOUNTAIN, LLC, A TEXAS LIMITED LIABILITY COMPANY; ROBERT BRUNNER; AMY BRUNNER; JEFF RIOPELLE; PATRICIA M. MOLL; AND DANIEL MOLL, Respondents. MEI-GSR HOLDINGS, LLC, A NEVADA LIMITED LIABILITY COMPANY; AM-GSR HOLDINGS, LLC, A NEVADA LIMITED LIABILITY COMPANY; GAGE VILLAGE COMMERCIAL DEVELOPMENT, LLC, A NEVADA LIMITED LIABILITY COMPANY; AND GRAND SIERRA RESORT UNIT OWNERS' ASSOCIATION, A NEVADA NONPROFIT CORPORATION, Appellants/Cross-Respondents, v. ALBERT THOMAS; JANE DUNLAP; JOHN DUNLAP; BARRY HAY; MARIE ANNIE ALEXANDER, AS TRUSTEE OF THE MARIE-ANNE ALEXANDER LIVING TRUST; MELISSA VAGUJHELYI AND GEORGE VAGUJHELYI, AS TRUSTEES OF THE GEORGE VAGUJHELYI AND MELISSA VAGUJHELYI 2001 FAMILY TRUST AGREEMENT U/T/A APRIL 13, 2001; D ARCY NUNN; HENRY NUNN; MADELYN VAN DER BOKKE; LEE VAN DER BOKKE; DONALD SCHREIFELS; 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; WILLIAM A. HENDERSON, INDIVIDUALLY; CHRISTINE E. HENDERSON; LOREN D. PARKER; SUZANNE C. PARKER; MICHAEL IZADY; STEVEN TAKAKI; FARAD TORABKHAN; SAHAR TAVAKOL; M&Y HOLDINGS, LLC; JL&YL HOLDINGS, LLC; SANDI RAINES; R. RAGHURAM; USHA RAGHURAM; LORI K. TOKUTOMI; GARRET TOM; ANITA TOM; RAMON FADRILAN; FAYE FADRILAN; PETER K. LEE AND MONICA L. LEE, AS TRUSTEES OF THE LEE FAMILY 2002 REVOCABLE TRUST: ELIAS SHAMIEH; JEFFREY QUINN; BARBARA ROSE QUINN; KENNETH RICHE; MAXINE RICHE; NORMAN CHANDLER; BENTON WAN; TIMOTHY D. KAPLAN; SILKSCAPE INC., A CALIFORNIA CORPORATION; PETER CHENG; ELISA CHENG; GREG A. CAMERON; TMI PROPERTY GROUP, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; RICHARD LUTZ; SANDRA LUTZ; MARY A. KOSSICK; MELVIN H. CHEAH; DI SHEN; NADINE'S REAL ESTATE INVESTMENTS, LLC; AJIT GUPTA; SEEMA GUPTA; FREDRICK FISH: LISA FISH; ROBERT A. WILLIAMS; JACQUELIN PHAM; MAY ANN HOM, AS TRUSTEE OF THE MAY ANN HOM TRUST; MICHAEL HURLEY; DOMINIC YIN; DUANE WINDHORST; MARILYN WINDHORST; VINOD BHAN; ANNE BHAN; GUY P. BROWNE; GARTH A. WILLIAMS; PAMELA Y. ARATANI; DARLENE LINDGREN; LAVERNE ROBERTS; DOUG MECHAM; CHRISINE MECHAM; KWANGSOO SON; SOO YEUN MOON; JOHNSON AKINDODUNSE; IRENE WEISS, AS TRUSTEE OF THE WEISS FAMILY TRUST; PRAVESH CHOPRA; TERRY POPE; NANCY POPE; JAMES TAYLOR; RYAN TAYLOR; KI HAM; YOUNG JA CHOI; SANG DAE SOHN; KUK HYUNG (CONNIE) YOO; SANG SOON (MIKE) YOO; BRETT MENMUIR, AS TRUSTEE OF THE CAYENNE TRUST; WILLIAM MINER, JR.; CHANH TRUONG; ELIZABETH ANDERS MECUA; SHEPARD MOUNTAIN, LLC, A TEXAS LIMITED LIABILITY COMPANY; ROBERT BRUNNER; AMY BRUNNER; JEFF RIOPELLE; PATRICIA M. MOLL; AND DANIEL MOLL, Respondents/Cross- Appellants MEI-GSR HOLDINGS, LLC, A NEVADA LIMITED LIABILITY COMPANY; AM-GSR HOLDINGS, LLC, A NEVADA LIMITED LIABILITY COMPANY; AND GAGE VILLAGE COMMERCIAL DEVELOPMENT, LLC, A NEVADA LIMITED LIABILITY COMPANY, Appellants, v. ALBERT THOMAS; JANE DUNLAP; JOHN DUNLAP; BARRY HAY; MARIE-ANNIE ALEXANDER, AS TRUSTEE OF THE MARIE-ANNE ALEXANDER LIVING TRUST; MELISSA VAGUJHELYI AND GEORGE VAGUJHELYI, AS TRUSTEES OF THE GEORGE VAGUJHELYI AND MELISSA VAGUJHELYI 2001 FAMILY TRUST AGREEMENT U/T/A APRIL 13, 2001; D'ARCY NUNN; HENRY NUNN; MADELYN VAN DER BOKKE; LEE VAN DER BOKKE; DONALD SCHREIFELS; 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; WILLIAM A. HENDERSON, INDIVIDUALLY; CHRISTINE E. HENDERSON; LOREN D. PARKER; SUZANNE C. PARKER; MICHAEL IZADY; STEVEN TAKAKI; FARAD TORABKHAN; SAHAR TAVAKOL; M&Y HOLDINGS, LLC; JL&YL HOLDINGS, LLC; SANDI RAINES; R. RAGHURAM; USHA RAGHURAM; LORI K. TOKUTOMI; GARRET TOM; ANITA TOM; RAMON FADRILAN; FAYE FADRILAN; PETER K. LEE AND MONICA L. LEE, AS TRUSTEES OF THE LEE FAMILY 2002 REVOCABLE TRUST; ELIAS SHAMIEH; JEFFREY QUINN; BARBARA ROSE QUINN; KENNETH RICHE; MAXINE RICHE; NORMAN CHANDLER; BENTON WAN; TIMOTHY D. KAPLAN; SILKSCAPE INC., A CALIFORNIA CORPORATION; PETER CHENG; ELISA CHENG; GREG A. CAMERON; TMI PROPERTY GROUP, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; RICHARD LUTZ; SANDRA LUTZ; MARY A. KOSSICK; MELVIN H. CHEAH; DI SHEN; NADINE'S REAL ESTATE INVESTMENTS, LLC; AJIT GUPTA; SEEMA GUPTA; FREDRICK FISH; LISA FISH; ROBERT A. WILLIAMS; JACQUELIN PHAM; MAY ANN HOM, AS TRUSTEE OF THE MAY ANN HOM TRUST; MICHAEL HURLEY; DOMINIC YIN; DUANE WINDHORST; MARILYN WINDHORST; VINOD BHAN; ANNE BHAN; GUY P. BROWNE; GARTH A. WILLIAMS; PAMELA Y. ARATANI; DARLENE LINDGREN; LA VERNE ROBERTS; DOUG MECHAM; CHRISINE MECHAM; KWANGSOO SON; SOO YEUN MOON; JOHNSON AKINDODUNSE; IRENE WEISS, AS TRUSTEE OF THE WEISS FAMILY TRUST; PRAVESH CHOPRA; TERRY POPE; NANCY POPE; JAMES TAYLOR; RYAN TAYLOR; KI HAM; YOUNG JA CHOI; SANG DAE SOHN; KUK HYUNG (CONNIE) YOO; SANG SOON (MIKE) YOO; BRETT MENMUIR, AS TRUSTEE OF THE CAYENNE TRUST; WILLIAM MINER, JR.; CHANH TRUONG; ELIZABETH ANDERS MECUA; SHEPARD MOUNTAIN, LLC, A TEXAS LIMITED LIABILITY COMPANY; ROBERT BRUNNER; AMY BRUNNER; JEFF RIOPELLE; PATRICIA M. MOLL; AND DANIEL MOLL, Respondents. MEI-GSR HOLDINGS, LLC, A NEVADA LIMITED LIABILITY COMPANY; AM-GSR HOLDINGS, LLC, A NEVADA LIMITED LIABILITY COMPANY; AND GAGE VILLAGE COMMERCIAL DEVELOPMENT, LLC, A NEVADA LIMITED LIABILITY COMPANY, Appellants, v. ALBERT THOMAS; JANE DUNLAP; JOHN DUNLAP; BARRY HAY; MARIE-ANNIE ALEXANDER, AS TRUSTEE OF THE MARIE-ANNE ALEXANDER LIVING TRUST; MELISSA VAGUJHELYI AND GEORGE VAGUJHELYI, AS TRUSTEES OF THE GEORGE VAGUJHELYI AND MELISSA VAGUJHELYI 2001 FAMILY TRUST AGREEMENT U/T/A APRIL 13, 2001; D'ARCY NUNN; HENRY NUNN; MADELYN VAN DER BOKKE; LEE VAN DER BOKKE; DONALD SCHREIFELS; 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; WILLIAM A. HENDERSON, INDIVIDUALLY; CHRISTINE E. HENDERSON; LOREN D. PARKER; SUZANNE C. PARKER; MICHAEL IZADY; STEVEN TAKAKI; FARAD TORABKHAN; SAHAR TAVAKOL; M&Y HOLDINGS, LLC; JL&YL HOLDINGS, LLC; SANDI RAINES; R. RAGHURAM; USHA RAGHURAM; LORI K. TOKUTOMI; GARRET TOM; ANITA TOM; RAMON FADRILAN; FAYE FADRILAN; PETER K. LEE AND MONICA L. LEE, AS TRUSTEES OF THE LEE FAMILY 2002 REVOCABLE TRUST; ELIAS SHAMIEH; JEFFREY QUINN; BARBARA ROSE QUINN; KENNETH RICHE; MAXINE RICHE; NORMAN CHANDLER; BENTON WAN; TIMOTHY D. KAPLAN; SILKSCAPE INC., A CALIFORNIA CORPORATION; PETER CHENG; ELISA CHENG; GREG A. CAMERON; TMI PROPERTY GROUP, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; RICHARD LUTZ; SANDRA LUTZ; MARY A. KOSSICK; MELVIN H. CHEAH; DI SHEN; NADINE'S REAL ESTATE INVESTMENTS, LLC; AJIT GUPTA; SEEMA GUPTA; FREDRICK FISH; LISA FISH; ROBERT A. WILLIAMS; JACQUELIN PHAM; MAY ANN HOM, AS TRUSTEE OF THE MAY ANN HOM TRUST; MICHAEL HURLEY; DOMINIC YIN; DUANE WINDHORST; MARILYN WINDHORST; VINOD BHAN; ANNE BHAN; GUY P. BROWNE; GARTH A. WILLIAMS; PAMELA Y. ARATANI; DARLENE LINDGREN; LAVERNE ROBERTS; DOUG MECHAM; CHRISINE MECHAM; KWANGSOO SON; SOO YEUN MOON; JOHNSON AKINDODUNSE; IRENE WEISS, AS TRUSTEE OF THE WEISS FAMILY TRUST; PRAVESH CHOPRA; TERRY POPE; NANCY POPE; JAMES TAYLOR; RYAN TAYLOR; KI HAM; YOUNG JA CHOI; SANG DAE SOHN; KUK HYUNG (CONNIE) YOO; SANG SOON (MIKE) YOO; BRETT MENMUIR, AS TRUSTEE OF THE CAYENNE TRUST; WILLIAM MINER, JR.: CHANH TRUONG; ELIZABETH ANDERS MECUA; SHEPARD MOUNTAIN, LLC, A TEXAS LIMITED LIABILITY COMPANY; ROBERT BRUNNER; AMY BRUNNER; JEFF RIOPELLE; PATRICIA M. MOLL; AND DANIEL MOLL, Respondents.
UNPUBLISHED OPINION
ORDER RESOLVING MOTIONS, DISMISSING AND CONSOLIDATING APPEALS, AND REINSTATING BRIEFING
These are eight appeals and cross-appeals from various orders and judgments in a contract and tort action in which a receiver was appointed. Second Judicial District Court, Washoe County; Elizabeth Gonzalez, Sr. Judge. Currently before this court are several pending motions, including two emergency motions for stay (Docket Nos. 86092/87243) and a motion to dismiss as moot (Docket No. 85915), as well as responses to our orders to show cause why the appeal and cross-appeal in Docket No. 86092 should not be dismissed for lack of jurisdiction. We address jurisdiction first. Jurisdiction
In our initial order to show cause, we noted that, while the district court's April 10, 2023, amended judgment appears to have resolved all of the damages claims asserted below, the receivership imposed pursuant to cross-appellants' complaint remains pending, such that it was unclear whether a final, appealable judgment had been entered per NRAP 3A(b)(1), or whether the receivership proceedings might be collateral to the claims resolved by the amended judgment. See Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (defining a final judgment); Martin & Co. v. Kirby, 34 Nev. 205, 214, 117 P. 2, 4 (1911) (describing a final judgment in a receivership action). We also questioned whether the January and March 2023 orders may be challenged in the context of the appeal and cross-appeal from that amended judgment, because they appeared merely to direct turnover of a receivership asset at the request of the receiver, noting that appellants did not name the receiver as a respondent to the appeal.
The parties timely filed responses and supplemental responses to the show cause order. Among other arguments, cross-appellants asserted that we have jurisdiction because, after the show cause order was issued, the district court granted their motion for NRCP 54(b) certification. The district court's June 28, 2023, order granting their motion for certification did not. however, make an express determination that there is no just reason for delay and direct entry of any final judgment, both of which are required by NRCP 54(b). Because the order was thus ineffective, Hern v. Erhardt, 113 Nev. 1330, 1334 n.4, 948 P.2d 1195, 1197 n.4 (1997); Aldabe v. Evans, 83 Nev. 135, 425 P.2d 598 (1967), we issued a second show cause order granting additional time in which to seek from the district court, and provide to this court, an amended NRCP 54(b) certification reflecting the district court's express determination that there is no just reason for delay and that expressly directs entry of final judgment.
Cross-appellants timely responded to the second show cause order, providing a November 28, 2023, district court order that properly certifies the amended judgment as final pursuant to NRCP 54(b) and explains that the receivership's oversight is an ongoing judicial responsibility over which the court has repeatedly and expressly retained jurisdiction. Appellants have filed a motion to set aside or strike the certification order, asserting, consistent with their arguments in various motions and show cause responses, that the amended judgment is final and appealable and thus the certification was improvidently granted. Cross-appellants oppose the motion, and appellants have filed a reply.
The motion to set aside or strike, the opposition thereto, and the reply were filed in all dockets except Docket No. 87685.
As this court has explained, a final judgment in a receivership action is one that approves or rejects all of the items in the receiver's final account and directs distribution of any remaining funds. Kirby, 34 Nev. at 214, 117 P. at 4; see also Alper v. Posin, 77 Nev. 328, 331, 363 P.2d 502, 503 (1961) (relying on the "dictum" in Kirby in determining that an order confirming sale is not the final judgment when the receiver must still liquidate debts, wind up affairs, distribute proceeds, and present a final report to the court, which must then act on it), abrogated on other grounds by Lee, 116 Nev. 424, 996 P.2d 416; see generally Conlon v. Kelly, 92 N.E. 109, 110 (N.Y. 1910) (providing that an order discharging the receiver, awarding a party possession of the property, and directing the money in the hands of the receiver collected for rents to be turned over "is regarded as a final order in a special proceeding"); Theatres of Am., Inc. v. State, 577 S.W.2d 542, 547 (Tex. Civ. App. 1979) ("The orders of the trial court approving the final report of the receiver, discharging the receiver, and taxing costs of the receivership are final and appealable."). In other words, the final judgment must wrap up all pending receivership matters.
Although a final judgment on the damages claims may end the need for a receivership, the district court here intentionally and expressly maintained the receivership post-judgment to dissolve the association, sell the units, conduct accountings, and wind up the receivership estate. It appears that the court had jurisdiction to do so. See County of Sacramento v. Singh, 280 Cal.Rptr.3d 267, 273 (Ct. App. 2021) ("Dismissal of the complaint does not deprive the trial court of jurisdiction to settle the receiver's account and discharge the receiver."); Julian v. Schwartz, 34 P.2d 487, 488 (Cal. 1934) ("Examination of the authorities indicates that an appeal from the judgment does not serve to divest the trial court of jurisdiction to deal with an ancillary receiver (the equivalent of which we have before us in the present case) and the funds or property held by him."); Ireland v. Nichols, 1870 WL 7433 (N.Y. Super. 1870) ("According to the current of the authorities, the entry of the judgment in favor of the defendants had the effect of ending the functions of the receiver, but the receiver is not discharged thereby. The court may, according to the exigencies of the case, upon good cause shown, either continue or discharge him by a further order, upon an examination of the peculiar facts of this case."). As we conclude that the receivership is ongoing and no final judgment has been entered, Alper, 77 Nev. at 331, 363 P.2d at 503, it follows that the district court properly certified as final the amended judgment resolving the damages claims under NRCP 54(b), and we deny appellants' motion to set aside or strike the certification. In light of this conclusion, we resolve the remaining pending matters and reinstate briefing as follows.
In concluding that the district court intentionally and expressly maintained the receivership post-judgment, rendering the amended judgment interlocutory for appellate jurisdiction purposes absent NRCP 54(b) certification, we express no opinion on the propriety of the district court's actions.
Pending matters
Docket No. 85915
Docket No. 85915 is an appeal and cross-appeal from a December 5, 2022, district court order granting a preliminary injunction in part, allowing unit owners to vote on dissolution but imposing a court- supervised dissolution and sale process, which is to proceed through the receivership. Both appellants and cross-appellants appealed, and we have jurisdiction under NRAP 3A(b)(3). Appellants have now moved to dismiss the appeal and cross-appeal as moot, contending that the preliminary injunction merged into (and dissolved upon) the final judgment being entered. In opposition, cross-appellants argue that the receivership is ongoing and thus no final judgment has been entered. As explained above, the receivership is expressly ongoing-in part to complete the activities contemplated in the December 5 order-and, thus, no final judgment has been entered into which the preliminary injunction could merge or dissolve. Accordingly, we deny the motion to dismiss the appeal and cross-appeal in Docket No. 85915.
Docket No. 86092
Docket No. 86092 is the appeal and cross-appeal from the amended judgment, certified as final under NRCP 54(b). After appellants sought an emergency stay of two interlocutory orders, entered on January 26 and March 27, 2023, regarding the receiver's motion for orders and instructions and instructing appellants to deposit approximately $1.1 million with the receiver, we granted a temporary stay pending receipt and consideration of the parties' responses to our jurisdictional concerns and further order of this court. In our initial show cause order, we asked the parties to address whether, even if jurisdiction is proper as to the amended judgment, the January and March orders may be challenged in the context of the appeal and cross-appeal from that judgment, as the orders appeared merely to direct turnover of a receivership asset at the request of the receiver, noting that appellants did not name the receiver as a respondent to the appeal. See, e.g., NRAP 3A(b)(4) (providing for appeals from only certain limited interlocutory orders in receivership proceedings); Alper, 77 Nev. at 331, 363 P.2d at 503; United States v. Beasley, 558 F.2d 1200, 1201 (5th Cir. 1977) ("An order directing the turnover of funds to a Receiver, we have held, is interlocutory and not a final adjudication of the rights of the Receiver in the funds."); F.T.C. v. NHS Sys., Inc., No. CIV.A. 08-2215, 2009 WL 4729893, at *2 (E.D. Pa. Dec. 10, 2009) ("The Third Circuit has ruled that an order requiring the delivery of certain deposits to a receiver is neither final nor within any category of appealable orders." (quotation marks omitted)); cf. Consol. Generator-Nev., Inc. v. Cummins Engine Co., 114 Nev. 1304, 1312, 971 P.2d 1251, 1256 (1998) (providing generally that interlocutory orders may be considered in the context of an appeal from a final judgment).
Given these authorities and our conclusion that the district court has not entered an order finally winding up the receivership, we conclude that we lack jurisdiction over the interlocutory receivership orders. Thus, the January and March orders may not be considered in the context of this appeal from the amended judgment on the damages claims, and we deny as moot appellants' emergency motion for stay. In light of this order, we vacate our May 8, 2023, temporary stay.
For the same reason, we need not reach whether the receiver is a necessary respondent to the appeal.
Docket No. 86985
This is an appeal and cross-appeal from a second amended judgment and corrected second amended judgement, entered on June 29 and July 10, respectively. It appears that these latter two judgments merely added attorney fees and costs to the April 10 amended judgment, and thus, they are appealable as special orders after final judgment under NRAP 3A(b)(8). See generally Wilsey v. Fielding, 767 P.2d 280, 281-82 (Idaho Ct. App. 1989) (reasoning that an order awarding attorney fees based on an order certified as final under a rule similar to NRCP 54(b) was an appealable post-judgment order). To the extent appellants assert that the second amended and corrected second amended judgments were superfluous because they merely repeated amounts awarded in May orders, the parties' notices of appeal were timely filed as to the May orders. NRAP 4(a)(1). Thus, this appeal and cross-appeal may proceed.
Docket No. 87243 and 87566
Docket No. 87243 is an appeal and cross-appeal from a July 27, 2023, district court order resolving two show cause motions from the year before. In the order, the court found that appellants had misappropriated $16,455,101.46 from reserve accounts controlled by the receiver and ordered them to return the funds with interest, fining them $500 under NRS 22.100 plus yet-to-be-determined attorney fee and other expenses. In their notices of appeal, the parties questioned whether the order was appealable. Further, appellants have filed an emergency motion for stay of the contempt order pending appeal, which motion cross-appellants oppose.
Docket No. 87566 is appellants' appeal from an October 3, 2023, district court order granting in part cross-appellants' motion for attorney fees stemming from the contempt proceedings. The order describes how to calculate the fees awarded and asks the parties to submit an order for the fees awarded but does not set an amount.
We conclude that, for the reasons acknowledged above, we lack jurisdiction over these appeals. The July 27 order is interlocutory within the ongoing receivership proceedings. Additionally, contempt orders are not independently appealable. Pengilly v. Rancho Santa Fe Homeowners Ass'n, 116 Nev. 646, 649, 5 P.3d 569, 671 (2000) (recognizing that a contempt order entered in an ancillary proceeding is not appealable). With respect to the October 3 order, it does not finally resolve the fee matter and, also, is interlocutory. Accordingly, we dismiss these appeals and deny as moot the emergency motion for stay filed in Docket No. 87243.
Docket Nos. 87303, 87567, and 87685
In these three appeals, appellants challenge district court orders overruling their objections to the receiver's calculations of monthly net rents. Docket No. 87303 is an appeal from an August 14, 2023, district court order; Docket No. 87567 is an appeal from an October 3, 2023, district court order; and Docket No. 87685 is an appeal from an October 23, 2023, district court order. Appellants again acknowledge in their notices of appeal that the orders might not be substantively appealable. We conclude that, as interlocutory orders in the receivership proceedings, they are not appealable. Therefore, these appeals are dismissed for lack of jurisdiction.
Consolidation and reinstatement of briefing
Appellants have filed a motion to consolidate the appeals, to which cross-appellants have filed a partial joinder. The motion is granted to the following extent. The appeals in Docket Nos. 86092 and 86985 are hereby consolidated. NRAP 3(b). The appeal in Docket No. 85915 shall proceed separately, but along a parallel track. Once briefed, the appeals shall be clustered based on the related subject matter to ensure that they are resolved in a consistent and efficient manner. IOP 2(b)(3).
The motion to consolidate and the joinder thereto, as well as appellants' reply, were filed in all dockets except Docket Nos. 85915 and 87685.
Accordingly, briefing is reinstated in all three appeals. Cross-appellants shall have 14 days from the date of this order to file and serve a transcript request form or certificate of no transcript request in Docket Nos. 86092/86985. See NRAP 9(a). Appellants shall have 90 days from the date of this order to file and serve the opening brief and appendix in Docket No. 85915 and the opening brief and appendix in Docket Nos. 86092/86985. Thereafter, briefing shall proceed in accordance with NRAP 28.1(f)(1).
It is so ORDERED.
Cadish, J., Pickering J., Bell, J.
Hon. Elizabeth Gonzalez. Senior Judge.