Opinion
No. 56666.
12-27-2011
In The Matter of EARL F. LESEBERG REVOCABLE LIVING TRUST, U/A/D June 16, 1987, as Amended. Reta Leseberg; Mark Leseberg; and Yvonne Anderson, Appellants, v. Mark Dreschler, President of Premier Trust, Successor Trustee of the Earl F. Leseberg Revocable Living Trust, U/A/D Dated June 16, 1987, as Amended, Respondent.
Solomon Dwiggins & Freer David A. Straus
Solomon Dwiggins & Freer
David A. Straus
ORDER OF REMAND
This is an appeal from a district court order awarding attorney fees in a trust matter. Eighth Judicial District Court, Clark County; Elissa F. Cadish, Judge.
Appellants have moved to remand this matter so that the district court can rule on their stipulation to vacate the attorney fees award, in accordance with Huneycutt v. Huneycutt, 94 Nev. 79, 575 P.2d 585 (1978) (explaining that, if the district court is inclined to grant relief from a final judgment over which an appeal is pending, it should so certify, so that the parties can seek a remand from this court); see also Foster v. Dingwall, 126 Nev. ––––, 228 P.3d 453 (2010). Attached to the motion is an order from the district court certifying its inclination to approve the parties' stipulation and vacate the attorney fees award.
Having considered the motion, we conclude that remand is warranted and grant appellants' motion. Accordingly, we
ORDER this matter REMANDED to the district court for proceedings consistent with this order.
This order constitutes the final disposition in this appeal. Any appeal from the district court's decision below shall be docketed as a new matter.
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