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IN RE ESTATE OF MILLER

No. 51891.

216 P.3d 239 (2009)

In the Matter of the ESTATE AND LIVING TRUST OF Rose MILLER. Barbara Lepome, An Individual, Appellant/Cross-Respondent, v. Marilyn Berkson, An Individual and Gertrude Malacky, An Individual, Respondents/Cross-Appellants.

Supreme Court of Nevada.

September 24, 2009.

Attorney(s) appearing for the Case

Marquis & Aurbach and Terry A. Coffing, Micah S. Echols, and Tye S. Hanseen, Las Vegas, for Appellant/Cross-Respondent.

Cary Colt Payne, Las Vegas; Bruce L. Gale, Las Vegas, for Respondents/Cross-Appellants.

BEFORE THE COURT EN BANC.

OPINION

PICKERING, J.:

This appeal presents three narrow but previously undecided issues concerning offer of judgment practice under NRCP 68 and NRS 17.115. Reversing, we hold that (1) a judgment obtained on or after appeal can qualify as a "more favorable judgment" for purposes of the fee-shifting provisions of NRCP 68 and NRS 17.115, (2) appellate fees are recoverable, and (3) an unrepresented party who serves an offer of judgment may recover fees...

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