IN THE MATTER OF THE BEATRICE B. DAVIS FAMILY HERITAGE TRUST, DATED JULY 28, 2000, AS AMENDED ON FEBRUARY 24, 2014.
CAROLINE DAVIS; DUNHAM TRUST COMPANY; STEPHEN K. LEHNARDT; TARJA DAVIS; WINFIELD B. DAVIS; ACE DAVIS; AND FHT HOLDINGS, LLC, A NEVADA LIMITED LIABILITY COMPANY, Respondents. CHRISTOPHER D. DAVIS, Appellant, CHRISTOPHER D. DAVIS, Petitioner,
THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE GLORIA STURMAN, DISTRICT JUDGE, Respondents, and CAROLINE DAVIS, Real Party in Interest.
for rehearing of an en banc opinion in a consolidated appeal
from an order confirming appointment of a trustee and
original petition for a writ of prohibition or mandamus in a
trust matter. Eighth Judicial District Court, Clark County;
Gloria Sturman, Judge.
Goodsell & Olsen and Michael A. Olsen and Thomas R.
Grover, Las Vegas, for Christopher D. Davis.
Solomon Dwiggins & Freer, Ltd., and Joshua M. Hood and
Mark A. Solomon, Las Vegas, for Caroline Davis.
Hernandez, Landrum, Garofalo and Charlene N. Renwick, Las
Vegas, for Dunham Trust Company.
Counsel Law Group and Jonathan W. Barlow, Henderson, for
Stephen K. Lehnardt
Holdings, LLC, Las Vegas, in Pro Se.
Davis, Wakayama, Japan, in Pro Se.
Davis, Los Angeles, California, in Pro Se.
Winfield B. Davis, Wakayama, Japan, in Pro Se.
THE COURT EN BANC.
January 26, 2017, this court issued an opinion examining a
district court order accepting jurisdiction over a trust with
a situs in Nevada and finding personal jurisdiction over an
investment trust adviser (ITA). We ultimately dismissed
appellant Christopher Davis' appeal and denied his
original writ petition. We now grant Christopher's
petition for rehearing to clarify an issue in the prior
opinion: whether accepting a role as an ITA pursuant to NRS
163.5555 constitutes sufficient minimum contacts with Nevada
to give rise to specific personal jurisdiction. We thus
withdraw the January 26 opinion and issue this opinion in its
appeal and petition, we are asked to interpret (1) whether
NRS 155.190(1)(h) grants this court appellate jurisdiction
over all matters in an order instructing or appointing the
trustee or if the statute only grants this court appellate
jurisdiction over the instruction or appointment of the
trustee, and (2) whether Nevada courts may exercise specific
personal jurisdiction over persons accepting a position as an
ITA in Nevada under NRS 163.5555. We conclude (1) NRS
155.190(1)(h) only grants this court appellate jurisdiction
over the portion of an appealed order instructing or
appointing a trustee, and (2) Nevada courts may exercise
specific personal jurisdiction over persons accepting a
position as an ITA under NRS 163.5555 should a suit arise out
of a decision or action done while acting as an ITA.
Accordingly, we dismiss Christopher Davis' appeal and
deny his writ petition.