Nev. Rev. Stat. § 155.190

Appealable orders

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NRS 155.190  Appealable orders.

      1.  Except as otherwise provided in subsection 2, in addition to any order from which an appeal is expressly permitted by this title, an appeal may be taken to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution within 30 days after the notice of entry of an order:

      (a) Granting or revoking letters testamentary or letters of administration.

      (b) Admitting a will to probate or revoking the probate thereof.

      (c) Setting aside an estate claimed not to exceed $100,000 in value.

      (d) Setting apart property as a homestead, or claimed to be exempt from execution.

      (e) Granting or modifying a family allowance.

      (f) Directing or authorizing the sale or conveyance or confirming the sale of property.

      (g) Settling an account of a personal representative or trustee.

      (h) Instructing or appointing a trustee.

      (i) Instructing or directing a personal representative.

      (j) Directing or allowing the payment of a debt, claim, devise or attorney’s fee.

      (k) Determining heirship or the persons to whom distribution must be made or trust property must pass.

      (l) Distributing property.

      (m) Refusing to make any order mentioned in this section.

      (n) Making any decision wherein the amount in controversy equals or exceeds, exclusive of costs, $10,000.

      (o) Granting or denying a motion to enforce the liability of a surety filed pursuant to NRS 142.035.

      (p) Granting an order for conveyance or transfer pursuant to NRS 148.410.

      2.  If a party timely files in the district court any of the following motions under the Nevada Rules of Civil Procedure, the time to file a notice of appeal pursuant to this section runs for all parties from entry of an order disposing of the last such remaining motion, and the notice of appeal must be filed not later than 30 days after the date of service of written notice of entry of that order:

      (a) A motion for judgment under Rule 50(b);

      (b) A motion under Rule 52(b) to amend or make additional findings of fact;

      (c) A motion under Rule 59 to alter or amend the judgment; or

      (d) A motion for a new trial under Rule 59.

      [293:107:1941; 1931 NCL § 9882.293]—(NRS A 1981, 463; 1983, 670; 1995, 19; 1997, 1494; 1999, 2364; 2001, 2349; 2009, 1635; 2013, 1748)

     

Notes of Decisions
Cited in 40 cases (5 in the last 5 years), 1960–2022 · leading case: Flangas v. Herrmann
Flangas v. Herrmann (1984) nev · cites it 5× “Assuming, then, that the “motion” filed on April 11, 1975, was Ralph Herrmann’s, that it was in adequate form, and that the relief it sought was available under NRCP 52(b), the question remains: Was said “motion” timely filed? NRS 155.190 explicitly directs that an appeal may be…”
Waldman v. Maini (2008) nev · cites it 2× “The Nevada Rules of Appellate Procedure regulating appeals in civil cases apply to appeals taken pursuant to NRS 155.190.”); NRS 155.190 (allowing appeals from orders *1130 which concern the payment of claims and the distribution of property); Close, 77 Nev.”
Matter of Estate of Herrmann (1984) nev · cites it 5× “Assuming, then, that the "motion" filed on April 11, 1975, was Ralph Herrmann's, that it was in adequate form, and that the relief it sought was available under NRCP 52(b), the question remains: Was said "motion" timely filed? NRS 155.190 explicitly directs that an appeal may be…”
Caraveo v. Perez (2013) nev · cites it 2× “Therefore, we have jurisdiction pursuant to NRS 155.190(1)(b).”
Flangas v. Herrmann (1984) nev · cites it 2× “Our initial opinion was grounded upon the following independently controlling considerations, among others: (1) As to probate orders awarding attorneys’ fees, NRS 155.190 explicitly provides that the time for appeal runs from entry thereof.”
Sicor, Inc. v. Sacks (2011) nev “, NRS 155.190 (listing appealable probate orders); NRAP 3A(b)(2)-(10) (listing appealable orders).”
In re Estate of Riddle (1983) nev · cites it 3× “These probate orders were thus appealable only by virtue of NRS 155.190, 2 under which an appeal must be taken within *634 thirty days of the date of entry of the order appealed from.”
Estate of Hughes v. First National Bank of Nevada (1980) nev “See NRS 155.190(11). It follows, that appellants, who are only “non-existent heirs”, are not parties pursuant to NRCP 17(a) *181 and therefore cannot be aggrieved by the approval of the claim of Texas Commerce Bank.”
Concannon v. Winship (1978) nev “See, NRS 155.190(9). Anne Vonovick died in Las Vegas on September 16, 1975, of a lingering and debilitating illness.”
Cole v. Public Administrator (1995) nev · cites it 25× “Thus, even assuming that appellants correctly contend that their motion to amend effectively tolled the running of the appeal period provided in NRS 155.190 — a contention which we reject in the discussion that follows — appellants have failed to demonstrate that they properly…”
French v. French (1975) nev · cites it 2× “This appeal, which was timely filed (NRAP 4; NRCP 52(b) ), was taken from the district court’s orders denying appellant’s motions for a family allowance and for the setting aside of homestead and exempt property, as well as from an order setting aside homestead and exempt…”
DAVIS VS. DIST. CT. (DAVIS) C/W 68542 (2017) nev · cites it 20× “In this appeal and petition, we are asked to interpret (1) whether NRS 155.190(1)(h) grants this court appellate jurisdiction over all matters in an order instructing or appointing the trustee or if the statute only grants this court appellate jurisdiction over the instruction…”
— Nev. Rev. Stat. § 155.190(1) — 3 cases
— Nev. Rev. Stat. § 155.190(1)(13) — 1 case
— Nev. Rev. Stat. § 155.190(1)(a) — 1 case
— Nev. Rev. Stat. § 155.190(1)(b) — 3 cases
Caraveo v. Perez (2013) nev “Therefore, we have jurisdiction pursuant to NRS 155.190(1)(b).”
— Nev. Rev. Stat. § 155.190(1)(c) — 2 cases
Caraveo v. Perez (2013) nev “Therefore, we have jurisdiction pursuant to NRS 155.190(1)(b).”
— Nev. Rev. Stat. § 155.190(1)(h) — 9 cases
DAVIS VS. DIST. CT. (DAVIS) C/W 68542 (2017) nev “In this appeal and petition, we are asked to interpret (1) whether NRS 155.190(1)(h) grants this court appellate jurisdiction over all matters in an order instructing or appointing the trustee or if the statute only grants this court appellate jurisdiction over the instruction…”
— Nev. Rev. Stat. § 155.190(1)(i) — 1 case
— Nev. Rev. Stat. § 155.190(1)(k) — 1 case
— Nev. Rev. Stat. § 155.190(1)(m) — 1 case
— Nev. Rev. Stat. § 155.190(1)(n) — 1 case
— Nev. Rev. Stat. § 155.190(1)(p) — 1 case
— Nev. Rev. Stat. § 155.190(11) — 1 case
Estate of Hughes v. First National Bank of Nevada (1980) nev “See NRS 155.190(11). It follows, that appellants, who are only “non-existent heirs”, are not parties pursuant to NRCP 17(a) *181 and therefore cannot be aggrieved by the approval of the claim of Texas Commerce Bank.”
— Nev. Rev. Stat. § 155.190(2) — 2 cases
In re Estate of Sweet (2022) nevapp
— Nev. Rev. Stat. § 155.190(4) — 1 case
Luria v. Zucker (1971) nev
— Nev. Rev. Stat. § 155.190(4)(5)(13) — 1 case
French v. French (1975) nev “This appeal, which was timely filed (NRAP 4; NRCP 52(b) ), was taken from the district court’s orders denying appellant’s motions for a family allowance and for the setting aside of homestead and exempt property, as well as from an order setting aside homestead and exempt…”
— Nev. Rev. Stat. § 155.190(5) — 1 case
— Nev. Rev. Stat. § 155.190(9) — 1 case
Concannon v. Winship (1978) nev “See, NRS 155.190(9). Anne Vonovick died in Las Vegas on September 16, 1975, of a lingering and debilitating illness.”
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