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Keywords

appealmotionprobatedivorce
appealdivorce

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Koester v. Administrator of Estate of Koester, 101 Nev. 68, 693 P.2d 569

Facts

Donald F. Koester and Sherry A. Koester were married in 1968 and filed for divorce in 1978. The lower court ruled that their joint property was community property, but Sherry died in an accident before the divorce decree was filed. The findings and decree were not filed until the day after her death. Following probate proceedings, Don filed a motion to construe the divorce decrees, and Sherry's estate intervened, opposing the motion and seeking a nunc pro tunc order to backdate the filing of the original decree.

Donald F. Koester and Sherry A. Koester were married in 1968 and filed for divorce in 1978. The lower court ruled that their joint property was community property, but Sherry died in an accident before the divorce decree was filed.

Issue

Whether the nunc pro tunc entry of the original divorce decree was appealable and whether it was properly entered to validate an otherwise voidable divorce decree.

Whether the nunc pro tunc entry of the original divorce decree was appealable and whether it was properly entered to validate an otherwise voidable divorce decree.

Rule

A nunc pro tunc order may be entered to make the record reflect what was actually determined or intended by the court, and such an order is appealable if it affects the rights of the parties arising out of a final judgment.

A nunc pro tunc order may be entered to make the record reflect what was actually determined or intended by the court, and such an order is appealable if it affects the rights of the parties arising out of a final judgment.

Analysis

The court determined that the nunc pro tunc order was valid because it corrected the record to reflect the original decision made before Sherry's death. The court found that the original decree was voidable due to the lack of substitution of Sherry's personal representative before the decree was entered. The nunc pro tunc order validated the decree, thus affecting the rights of the parties and making it appealable.

The court determined that the nunc pro tunc order was valid because it corrected the record to reflect the original decision made before Sherry's death.

Conclusion

The court affirmed the nunc pro tunc order, validating the divorce decree, and dismissed the appeal regarding the construction of the divorce decrees.

The court affirmed the nunc pro tunc order, validating the divorce decree, and dismissed the appeal regarding the construction of the divorce decrees.

Who won?

Sherry's estate prevailed in the appeal regarding the nunc pro tunc order, as the court found that the order was properly entered to validate the divorce decree.

Sherry's estate prevailed in the appeal regarding the nunc pro tunc order, as the court found that the order was properly entered to validate the divorce decree.

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