Opinion
84948
07-08-2022
IN THE MATTER OF THE ESTATE OF THOMAS JOSEPH HARRIS, DECEASED. v. TARA FLANAGAN, IN HER CAPACITY AS THE COURT APPOINTED PERSONAL REPRESENTATIVE, Respondent. TODD ROBBEN, Appellant,
UNPUBLISHED OPINION
Cadish J. Pickering J.
ORDER DISMISSING APPEAL
Silver J.
This is a pro se appeal from a district court order entered in a probate matter. Ninth Judicial District Court, Douglas County; Nathan Tod Young, Judge.
Review of the notice of appeal and documents before this court reveals a jurisdictional defect. NRAP 3A(a) allows only an aggrieved party to appeal. Generally, a party is a person who has been named as a party to the lawsuit and who has been served with process or appeared. Valley Bank of Nev. v. Ginsburg, 110 Nev. 440, 447, 874 P.2d 729, 734 (1994). It does not appear that appellant was named as a party in the proceedings below. And while any "interested person" may participate in probate actions, an "interested person" is defined as someone "whose right or interest under an estate or trust may be materially affected by a decision of a fiduciary or a decision of the court. The fiduciary or court shall determine who is an interested person according to the particular purposes of, and matter involved in, a proceeding." NRS 132.185; see also NRS 132.390.
Here, the district court determined that appellant was not an interested person in the underlying matter under NRS 132.185 and thus lacked standing to object to the probate petition or otherwise appear in the proceedings. Under these circumstances, it appears appellant lacks standing to appeal under NRAP 3A(a). Accordingly, this court lacks jurisdiction and
ORDERS this appeal DISMISSED.