394 P.3d 1203 (Nev. 2017), 68542, In re Beatrice B. Davis Family Heritage Trust

Docket Nº:68542, 68948
Citation:394 P.3d 1203, 133 Nev.Adv.Op. 26
Opinion Judge:GIBBONS, J.
Party Name:IN THE MATTER OF THE BEATRICE B. DAVIS FAMILY HERITAGE TRUST, DATED JULY 28, 2000, AS AMENDED ON FEBRUARY 24, 2014. CHRISTOPHER D. DAVIS, Appellant, v. 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...
Attorney: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. Lee, Hernandez, Landrum, Garofalo and Charlene N. Renwick, Las Vegas, for Dunham Trust Company. Cl...
Judge Panel:We concur: Cherry, C.J.Cherry, Douglas, J. Douglas, Pickering, J. Pickering, Hardesty, J. Hardesty, Parraguirre, J. Parraguirre
Case Date:May 25, 2017
Court:Supreme Court of Nevada
 
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Page 1203

394 P.3d 1203 (Nev. 2017)

133 Nev.Adv.Op. 26

IN THE MATTER OF THE BEATRICE B. DAVIS FAMILY HERITAGE TRUST, DATED JULY 28, 2000, AS AMENDED ON FEBRUARY 24, 2014. CHRISTOPHER D. DAVIS, Appellant,

v.

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, Petitioner,

v.

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

Nos. 68542, 68948

Supreme Court of Nevada

May 25, 2017

Page 1204

Petition 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.

Lee, Hernandez, Landrum, Garofalo and Charlene N. Renwick, Las Vegas, for Dunham Trust Company.

Clear Counsel Law Group and Jonathan W. Barlow, Henderson, for Stephen K. Lehnardt.

FHT Holdings, LLC, Las Vegas, in, Pro se.

Ace Davis, Wakayama, Japan, in, Pro se.

Tarja Davis, Los Angeles, California, in, Pro se.

Winfield B. Davis, Wakayama, Japan, in, Pro se.

OPINION

Page 1205

BEFORE THE COURT EN BANC.1

GIBBONS, J.

On 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 place.

In this 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.

FACTS AND PROCEDURAL HISTORY

On July 28, 2000, Beatrice Davis, a Missouri resident, established the Beatrice B. Davis Family Heritage Trust (the FHT), under Alaska law, with the trust situs in the state of Alaska. The FHT was initially funded with a $35 million life insurance policy. Beatrice Davis died in January 2012.

On October 30, 2013, the trustee, Alaska USA Trust Company (AUTC), sent a letter of resignation indicating that its resignation would become official on December 5, 2013, or upon the appointment of a new trustee, whichever was earlier. On February 24, 2014, the trust protector executed the first amendment to the FHT, which transferred the trust situs to the state of Nevada and appointed appellant/petitioner Christopher Davis, Beatrice Davis' son, as the investment trust adviser (ITA). At the same time, AUTC signed a letter acknowledging that it was currently serving as trustee and...

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