DENTLER v. STATE (2020)

ORDER DISMISSING APPEAL

This is an appeal from a judgment of conviction. Fifth Judicial District Court, Nye County; Robert W. Lane, Judge.

On December 28, 2019, counsel for appellant filed a suggestion of appellant’s death on the record. On January 16, 2020, this court entered an order instructing that appellant’s personal representative, if any, should file a motion for substitution in this court pursuant to NRAP 43 by April 15, 2020, if he or she wished to proceed with this appeal. See NRAP 43(a); Brass v. State, 129 Nev. 527, 306 P.3d 393 (2013); see also Walker v. Burkham, 68 Nev. 250, 253-54, 229 P.2d 158, 160 (1951) (“Upon the death of a party ․ the [action] cannot proceed until someone is substituted for the decedent ․”). This court cautioned that if no personal representative was substituted within that time, this appeal would be dismissed. See Brass, 129 Nev. at 530, 306 P.3d at 395. To date, no personal representative has filed a motion for substitution or otherwise communicated with this court. Accordingly, this court

ORDERS this appeal DISMISSED.