KASSLER v. WEST COAST SERVICING INC LLC (2026)

ORDER DISMISSING APPEAL

On May 27, 2026, after learning that appellant had passed away on May 27, 2025, this court issued an order providing appellant's personal representative, if any, 30 days to file a motion for substitution pursuant to NRAP 43(a)(1) (providing that, upon a party's death, “the decedent's personal representative may be substituted as a party”). The 30 days have passed, and no one has filed a motion claiming to be appellant's personal representative and seeking to be substituted in as appellant on that basis. Accordingly, we conclude that dismissal is warranted. See NRAP 43(a)(1) (“If the decedent has no representative, any party may suggest the death on the record, and the court may then direct the appropriate proceedings.”); Brass v. State, 129 Nev. 527, 528, 306 P.3d 393, 394 (2013) (holding that, “if a party dies pending review of [their] appeal, the appeal will be dismissed unless the decedent's personal representative is substituted in as a party to the appeal within 90 days of the decedent's death”).

It is so ORDERED.¹

FOOTNOTES

1.   After this court issued its May 27 order, Gregory D. Volk filed a motion to substitute as the “real party in interest,” claiming deceased appellant quitclaimed the subject property to Volk the same day the notice of appeal was filed, relying on NRAP 43(b) (“If a party needs to be substituted for any reason other than death, the procedure prescribed in Rule 43(a) applies.”). Based on the law cited above and the fact that no personal representative was substituted in for appellant within 90 days of her death, or even within 90 days of this court's May 27 order, we decline to grant Volk's motion.Additionally, this court takes no action regarding the August 3 order to show cause as it relates to Mr. Joseph Y. Hong based on his recent passing.