In re Estate of Sarge

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The Supreme Court overruled the holding in Ballin v. Farmers Insurance Exchange, 797 P.2d 978, 980 (Nev. 1990), that an order that resolves fewer than all claims in a consolidated action is not appealable as a final judgment even if the order resolves all of the claims in one of the consolidated cases and held that an order finally resolving a constituent consolidated case is immediately appealable as a final judgment even where the other constituent case or cases remain pending.The order challenged in this appeal finally resolved one of three consolidated cases. While this appeal was pending, the United States Supreme Court decided Hall v. Hall, 584 U.S. __ (2018), holding that an order resolving one of several cases consolidated pursuant to Fed. R. Crim. P. 42(a) is immediately appealable. Appellants urged the Supreme court to interpret Nev. R. Civ. P. 42(a) as the United States Supreme Court interpreted Fed. R. Civ. P. 42(a) in Hall. The Supreme Court concluded that compelling circumstances existed warranting departure from the doctrine of stare decisions, overruled its decision in Mallin, and concluded that the appeal in this case may proceed. View "In re Estate of Sarge" on Justia Law