Supreme Court Overrules Precedent Regarding Appeals From Consolidated Cases

February 1, 2019, The Writ, “Appellate Briefs”

For nearly thirty years, the rule in Nevada has been that cases consolidated by a district court become a single case for all appellate purposes.  See Mallin v. Farmers Ins. Exch., 106 Nev. 606, 609, 797 P.2d 978, 980 (1990).  That meant that even where an order resolved all claims in one of the constituent consolidated cases, the case still was not appealable until all claims in the consolidated action were finally resolved.  On December 27, 2018, the Nevada Supreme Court overruled this precedent to allow an immediate appeal from an order that finally resolved a constituent consolidated case, even where claims remained pending in another consolidated constituent case.  See In re Estate of Sarge, 134 Nev. Adv. Op. 105 (2018).   To read entire article click here.

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