Opinion
No. 60985.
09-13-2012
In the matter of ESTATE OF John J. MORIARTY, Deceased. Bridget Moriarty, Appellant, v. Anthony L. Barney, Respondent.
Bridget Moriarty Anthony A. Zmaila Limited PLLC Anthony L. Barney, Ltd.
Bridget Moriarty
Anthony A. Zmaila Limited PLLC
Anthony L. Barney, Ltd.
ORDER DISMISSING APPEAL
This is a proper person appeal from an interlocutory district court order reducing an attorney's lien to judgment. Eighth Judicial District Court, Clark County; Gloria Sturman, Judge.
This appeal was docketed naming the executor of the decedent's estate as the respondent. As this matter arises from an independent dispute between the appellant and her attorney, we direct the clerk of this court to amend the caption consistent with this order.
Attorney Anthony Barney, appellant's former counsel in the underlying probate matter, moves to dismiss this appeal on the basis that the district court judgment is not a final judgment, and is thus not appealable. Having considered the motion and having reviewed the documents before this court, it appears that the underlying probate matter is still open and that the May 9, 2012, attorney's lien judgment against the appellant is not a final judgment adjudicating all rights as to all parties in the probate matter. NRAP 3A(b)(l). Thus, as an interlocutory judgment, it cannot be independently appealed, although it may be challenged as part of an appeal from a final judgment entered in the probate matter, once a final judgment is entered. Consolidated Generator v.. Cummins Engine, 114 Nev. 1304, 1312, 971 P.2d 1251, 1256 (1998). Accordingly, we grant Barney's motion, and we
ORDER this appeal DISMISSED.