Opinion
No. 68015
08-24-2017
IN THE MATTER OF THE ESTATE OF ALBERTO VENEZIA, DECEASED. REX, LLC; AND ZOLT SZORENYI, Appellants, v. THE ESTATE OF ALBERTO VENEZIA, Respondent.
ORDER OF REVERSAL AND REMAND
Zolt Szorenyi and REX, LLC, appeal from a district court order granting Respondent Estate of Alberto Venezia's objection to a probate commissioner's report and recommendations and confirming the sale of real property. Eighth Judicial District Court, Clark County; Gloria Sturman, Judge.
The Nevada Supreme Court issued three orders that directed respondent to file an answering brief, yet respondent failed to do so. Further, respondent's "Response to Order Conditionally Imposing Sanctions And/Or Respondent's Answering Brief" did not address the arguments appellants raised in their opening brief. Therefore, respondent "inexcusably disregarded applicable appellate procedures [and] court orders." Polk v. State, 126 Nev. 180, 185, 233 P.3d 357, 360 (2010). Consequently, this court considers respondent's failure to file a proper answering brief as a confession of error. See NRAP 31(d)(2); Polk, 126 Nev. at 185, 233 P.3d at 360. Accordingly, we
ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for entry of an order adopting the probate commissioner's report and recommendations.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Gloria Sturman, District Judge
John Walter Boyer, Settlement Judge
Davis/Stibor
Phillips Ballenger
Eighth District Court Clerk