No. 82577 

FILED 

OCT 2 1 2021 

ELIZABE A. BROWN 

CLERK • F - PROM COURT 

cti gy AV" 

IN THE SUPREME COURT OF THE STATE OF NEVADA 

RJS LEGACY, LLC, A DELAWARE 

LIMITED LIABILITY COMPANY; AND 

LISA SHAMBRO, 

Appellants, 

vs. 

IBMS LLC, IN ITS OWN INDIVIDUAL 

CAPACITY, AND DERIVATIVELY ON 

BEHALF OF FOURTEENER, LLC, A 

NEVADA LIMITED LIABILITY 

COMPANY; MITCHELL CHAIT; AND 

DANIELLE SLAUGHTER, AS 

SUCCESSOR INTERIM RECEIVER, 

Res ondents. 

ORDER DISMISSING APPEAL 

This is an appeal from a district court order appointing a 

successor interim receiver. Eighth Judicial District Court, Clark County; 

Nancy L. Allf, Judge. 

Respondent IBMS LLC has filed a motion to dismiss this appeal 

for lack of jurisdiction. IBMS contends that NRAP 3A(b)(4) does not allow 

an appeal from an order appointing a successor receiver. In opposition, 

appellants assert that the plain language of NRAP 3A(b)(4) allows an 

appeal from an order appointing a receiver and the challenged order 

appoints a receiver; the rule is not limited to orders appointing an initial 

'IBMS also asserts that (1) the order is not appealable as a final 

judgment and (2) appellants cannot raise any arguments in this appeal 

related to the original order appointing a receiver. See NRAP 3A(b)(1). 

However, appellants specifically disclaim jurisdiction based on the entry of 

final judgment and appear to disclaim any attempt to appeal from the 

original order appointing a receiver. 

SUPREME COURT 

OF 

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(01 1947A ADP 
receiver. Having considered the motion, opposition, and reply, this court 

agrees with IBMS. 

NRAP 3A(b)(4) permits an appeal from a district court order 

'appointing or refusing to appoint a receiver or vacating or refusing to 

vacate an order appointing a receiver." This rules provides an exception to 

the final judgment rule by allowing an appeal from an interlocutory order. 

Therefore, the rule must be strictly construed. Yonker Constr., Inc. v. 

Hulme, 126 Nev. 590, 592, 248 P.3d 313, 314 (2010) ("Exceptions to the final 

judgment rule are narrowly construed."). So construed, NRAP 3A(b)(4) does 

not permit an appeal from a district court order appointing a successor 

receiver. Other courts have reached similar conclusions. See City & Cty. of 

San Francisco v. Shers, 46 Cal. Rptr. 2d 57 (Ct. App. 1995) (holding that a 

statute allowing an appeal from "an order appointing a receivee does not 

allow an appeal from an order appointing a successor receiver); Swate v. 

Johnston, 981 S.W.2d 923, 925 (Tex. App. 1998) (concluding that a statute 

allowing an interlocutory appeal from "an order appointing a receivee does 

not allow an appeal from an order appointing a successor receiver); State v. 

Superior Ct. of Spokane Cty., 34 P. 431 (1893) (holding that a statute 

allowing an appeal "from an order appointing or removing or refusing to 

appoint or remove a receiver," does not permit an appeal from an order 

removing a receiver and appointing a more suitable person in his place); E. 

H. Schopler, Annotation, Appealability of Order Appointing, or Refusing to 

Appoint, Receiver, 72 A.L.R.2d 1009 § 2[a] (originally published in 1960) 

(Irrespective of whether, as a general rule, an order appointing a receiver 

is subject to direct appeal in a particular jurisdiction, it has been held, with 

few exceptions, that an order merely substituting another receiver for one 

already appointed is not so appealable."). 
As no other statute or court rule appears to allow an appeal 

from the challenged order, see Brown v. MHC Stagecoach, LLC, 129 Nev. 

343, 345, 301 P.3d 850, 851 (2013) (this court "may only consider appeals 

authorized by statute or court rule"), this court lacks jurisdiction. The 

motion to dismiss is granted and this court 

ORDERS this appeal DISMISSED. 

A1045(.."-•° 

Stiglich 

cc: Hon. Nancy L. Allf, District Judge 

Paul M. Haire, Settlement Judge 

Holland & Hart LLP/Las Vegas 

Snell & Wilmer, LLP/Las Vegas 

Gordon Law, LLC 

McNutt Law Firm, P.C. 

Eighth District Court Clerk 

1/4.-Lt/AM) , J. 

Silver 

3 

SUPREME COURT 

OF 

NEVADA 

0) 1947A