FILED 

FEB 1 2022 

EROWN 

E C,OU 

Gail( 

IN THE SUPREME COURT OF THE STATE OF NEVADA 

CHARLES LAM, INDIVIDUALLY AND 

DERIVATIVELY ON BEHALF OF 

TRAN ENTERPRISES, LLC, A NEVADA 

LIMITED LIABILITY COMPANY, AND 

AS TRUSTEE OF THE NT 

REVOCABLE LIVING TRUST DATED 

THE 15TH OF OCTOBER 2009, 

Appellant, 

vs. 

P. STERLING KERR, INDIVIDUALLY 

AND AS TRUSTEE OF THE NT 

LEGACY TRUST, DATED THE 15TH 

DAY OF OCTOBER 2009; NHU THAN 

FOUNDATION, INC., A NEVADA NONPROFIT CORPORATION; AND COURT 

APPOINTED RECEIVER, ROBERT 

ANSARA OF DUNHAM TRUST 

COMPANY, 

Respondents. 

CHARLES LAM, INDIVIDUALLY AND 

DERIVATWELY ON BEHALF OF 

TRAN ENTERPRISES, LLC, A NEVADA 

LIMITED LIABILITY COMPANY, AND 

AS TRUSTEE OF THE NT 

REVOCABLE LIVING TRUST DATED 

THE 15TH OF OCTOBER 2009, 

Appellant, 

vs. 

P. STERLING KERR, INDIVIDUALLY 

AND AS TRUSTEE OF THE NT 

LEGACY TRUST, DATED THE 15TH 

DAY OF OCTOBER 2009; NHU TRAN 

FOUNDATION, INC., A NEVADA NONPROFIT CORPORATION; AND COURT 

APPOINTED RECEIVER, ROBERT 

ANSARA OF DUNHAM TRUST 

COMPANY, 

Res s ondents. 

SUPREME COURT 

OF 

NEVADA 

No. 83730 

.7 No. 83908 

(0) I947A 0 82_ 
ORDER GRANTING MOTION FOR RECONSIDERATION, 

TRANSFERRING DOCUMENTS, AND ADMINISTRATIVELY 

CLOSING APPEAL IN DOCKET NO. 83908 

The appeal in Docket No. 83908 was docketed in this court on 

December 14, 2021, without payment of the requisite filing fee. On that 

same day, this court issued a notice directing appellant to pay the filing fee 

or demonstrate compliance with NRAP 24 within 14 days. Because 

appellant had not complied, on January 13, 2022, the appeal in Docket No. 

83908 was dismissed by way of a clerk's order. 

On January 27, 2022, appellant filed a motion regarding the 

filing fee. The motion is construed as a motion for reconsideration of the 

clerk's order dismissing the appeal in Docket No. 83908. See NRAP 27(c)(3). 

Appellant explains that he did not anticipate having to pay an additional 

filing fee because he filed his notice of appeal as an amended notice of appeal 

and the order denying reconsideration was entered after he filed the notice 

of appeal from the final judgment. 

Upon further review, we conclude the appeal in Docket No. 

83908 was improperly docketed as a new matter. Appellant filed his 

"Opposition to Stipulation and Order to Approve First and Final Accounting 

and Petition to Approve Accounting; Approve Trustee Fees; and Approve 

Attorney Fees and Costs or In the Alternative, Motion for Reconsideration 

of Order Approved [sic] Such Stipulation" (motion for reconsideration). on 

September 1, 2021. Because the motion for reconsideration was filed within 

28 days from service of the written notice of entry of the district court's 

"Stipulation and Order to Approve First and Final Accounting," stated the 

grounds for the motion with particularity, and requested substantive 

alteration of that order, the motion for reconsideration had "NRCP 59(e) 

SUPREME COURT 

OF 

NEVADA 

101 1947A cslibt, 

2 
status, with tolling effect under NRAP 4(a)(4)(C)." AA Primo Builders v. 

Washington, 126 Nev. 578, 585, 245 P.3d 1190, 1195 (2010). Appellant 

properly filed an amended notice of appeal from the order resolving the 

motion for reconsideration and an additional filing fee •was not required. 

See NRAP (a)(4), (6), (7). 

In light of the above, the unopposed motion for reconsideration 

is granted and the clerk's order dismissing the appeal in Docket No. 83908 

is vacated. The clerk of this court shall transfer the documents in Docket 

No. 83908 to Docket No. 83730 and administratively close the appeal in 

Docket No. 83908. 

It is so ORDERED. 

C.J. 

cc: Hon. Mark R. Denton, District Judge 

Charles Lam 

Solomon Dwiggins & Freer, Ltd. 

Lee Kiefer & Park, LLP 

Marquis Aurbach Coffing 

Eighth District Court Clerk 

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