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Aetna Life Casualty v. Rowan

Supreme Court of Nevada
Jun 6, 1991
107 Nev. 362 (Nev. 1991)

Summary

holding that no appeal lies from the denial of a motion to intervene because the entity which moved unsuccessfully for intervention never became a party to the action

Summary of this case from Albert D. Massi, Ltd. v. Bellmyre

Opinion

No. 21363

June 6, 1991

Appeal from Eighth Judicial District Court, Clark County; Donald M. Mosley, J.

Keefer, O'Reilly, Ferrario Eskin, Las Vegas, for Appellant.

Albert D. Massi, Las Vegas, for Respondent.


OPINION


On May 2, 1989, respondent filed in the district court a complaint seeking damages against a third party for injuries that respondent received in an automobile accident. No answer was filed and, on January 22, 1990, the district court entered a default against the alleged tortfeasor. On February 6, 1990, appellant filed in the district court a motion to set aside the default pursuant to NRCP 55. Appellant also requested permission to file a complaint in intervention to defend against a claim by respondent for uninsured motorist benefits. See Allstate Insurance Co. v. Pietrosh, 85 Nev. 310, 454 P.2d 106 (1969). The district court denied both motions, and this appeal followed.

On August 22, 1990, this court entered an order noting potential jurisdictional defects. Specifically, we noted that orders denying motions to set aside defaults pursuant to NRCP 55 are not substantively appealable. See Long v. A-1 24 Hour Towing, 101 Nev. 682, 707 P.2d 1151 (1985); Kokkos v. Tsalikis, 91 Nev. 24, 530 P.2d 756 (1975). We also noted that because the district court denied appellant's motion to intervene, appellant never became a party to the actions below. See Moore v. District Court, 77 Nev. 357, 364 P.2d 1073 (1961). Thus, we opined that the order denying appellant's motion to intervene may not be substantively appealable. See NRAP 3A (permitting only aggrieved parties to appeal). Therefore, we directed appellant to show cause why this appeal should not be dismissed for lack of jurisdiction.

In response to this court's order, appellant concedes that an order denying a motion to set aside a default is not substantively appealable. Appellant asserts, however, that an order denying a motion to intervene is substantively appealable, and cites cases from other jurisdictions to support its argument.

Appellant's authorities are unpersuasive. In Moore v. District Court, 77 Nev. 357, 364 P.2d 1073 (1961), this court clearly held that a proposed intervenor does not become a party to a lawsuit unless and until the district court grants a motion to intervene. NRAP 3A confers a right to appeal only upon a party aggrieved by a judgment of a district court. Therefore, we conclude that an appeal cannot lie from an order of a district court that denies a motion to intervene. Review of such orders may be had in this court only by a petition for extraordinary relief.

Because appellant has failed to challenge a substantively appealable order, we conclude that we lack jurisdiction to entertain this appeal. Accordingly, we dismiss this appeal.


Summaries of

Aetna Life Casualty v. Rowan

Supreme Court of Nevada
Jun 6, 1991
107 Nev. 362 (Nev. 1991)

holding that no appeal lies from the denial of a motion to intervene because the entity which moved unsuccessfully for intervention never became a party to the action

Summary of this case from Albert D. Massi, Ltd. v. Bellmyre

holding a non-party may not appeal from an order denying its motion to intervene

Summary of this case from Machining Specialist, Inc. v. Ruvulcaba (In re Estate of Baklanoff)

recognizing "that a proposed intervenor does not become a party to a lawsuit unless and until the district court grants a motion to intervene"

Summary of this case from Las Vegas Police Protective Ass'n, Inc. v. Eighth Judicial Dist. Court of Nev.

stating that "a proposed intervener does not become a party to a lawsuit unless and until the district court grants a motion to intervene"

Summary of this case from Lugo v. Evans

noting that orders denying motion to set aside defaults pursuant to NRCP 55 are not substantively appealable

Summary of this case from Polivka v. Kuller
Case details for

Aetna Life Casualty v. Rowan

Case Details

Full title:AETNA LIFE CASUALTY INSURANCE COMPANY, APPELLANT, v. MARIE ROWAN…

Court:Supreme Court of Nevada

Date published: Jun 6, 1991

Citations

107 Nev. 362 (Nev. 1991)
812 P.2d 350

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