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Summary Of Johanson Vs. Dist. Ct., 123 Nev. Adv. Op. No. 58, Jamie Zimmerman Dec 2007

Summary Of Johanson Vs. Dist. Ct., 123 Nev. Adv. Op. No. 58, Jamie Zimmerman

Nevada Supreme Court Summaries

Petitioner requested writ of mandamus to vacate a district court order sealing divorce proceedings and issuing a gag order restricting all communication regarding the case.


Summary Of Asap Storage, Inc. V. City Of Sparks, 123 Nev. Adv. Op. No. 61, Tyler James Watson Dec 2007

Summary Of Asap Storage, Inc. V. City Of Sparks, 123 Nev. Adv. Op. No. 61, Tyler James Watson

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Hidalgo V. District Court, 123 Nev. Adv. Op. 59, Barbra E. Zess Dec 2007

Summary Of Hidalgo V. District Court, 123 Nev. Adv. Op. 59, Barbra E. Zess

Nevada Supreme Court Summaries

Luis Hidalgo III and Anabel Espindola, awaiting a capital murder trial, made a petition for a writ of mandamus or prohibition challenging the alleged aggravating circumstances (solicitation to commit murder) as not being “a felony involving the use or threat of violence to the person of another,” as required by NRS 200.033(2)(b). The other aggravator, murder to receive money, was successfully challenged as violating SCR 250(4)(c) requirements.


Summary Of Hsu V. County Of Clark, 123 Nev. Adv. Op. No. 60, Diane L. Welch Dec 2007

Summary Of Hsu V. County Of Clark, 123 Nev. Adv. Op. No. 60, Diane L. Welch

Nevada Supreme Court Summaries

This case is an appeal from a district court order, entered on remand, dismissing an inverse condemnation action. While the current appeal was pending, the Nevada Supreme Court decided an intervening case with substantively similar facts which changed Nevada law when analyzing airspace takings.


Summary Of Sfpp, L.P. V. Dist. Ct., 123 Nev. Adv. Op. No. 56, Jared Christensen Dec 2007

Summary Of Sfpp, L.P. V. Dist. Ct., 123 Nev. Adv. Op. No. 56, Jared Christensen

Nevada Supreme Court Summaries

Appeal for writ of prohibition to determine if a district court can retain jurisdiction over disputes from a settlement agreement between parties, after the district court previously dismissed the case with prejudice.ve-flas


Summary Of Allstate Ins. Co. V. Thorpe, 123 Nev. Adv. Op. No. 52, Kristina Escamilla Nov 2007

Summary Of Allstate Ins. Co. V. Thorpe, 123 Nev. Adv. Op. No. 52, Kristina Escamilla

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Wilson V. State Of Nevada, 123 Nev. Adv. Op. No. 54, Tanya Gaylord Nov 2007

Summary Of Wilson V. State Of Nevada, 123 Nev. Adv. Op. No. 54, Tanya Gaylord

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Horgan V. Felton, 123 Nev. Adv. Op. No. 53, Krystal Gallagher Nov 2007

Summary Of Horgan V. Felton, 123 Nev. Adv. Op. No. 53, Krystal Gallagher

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Staccato V. Valley Hospital, 123 Nev. Adv. Op. No. 49, Joshua Gilmore Nov 2007

Summary Of Staccato V. Valley Hospital, 123 Nev. Adv. Op. No. 49, Joshua Gilmore

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Douglas Disposal, Inc. V. Wee Haul, Llc, 123 Nev. Adv. Op. No. 51, Nevada Law Journal Nov 2007

Summary Of Douglas Disposal, Inc. V. Wee Haul, Llc, 123 Nev. Adv. Op. No. 51, Nevada Law Journal

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Nelson V. State, 123 Nev. Adv. Op. No. 50, Airene Haze Nov 2007

Summary Of Nelson V. State, 123 Nev. Adv. Op. No. 50, Airene Haze

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Boulder Oaks Cmty. Ass’N V. B & J Andrews Enterprises, 123 Nev. Adv. Op. No. 46 , M. Charles Seaton Nov 2007

Summary Of Boulder Oaks Cmty. Ass’N V. B & J Andrews Enterprises, 123 Nev. Adv. Op. No. 46 , M. Charles Seaton

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Dewey V. State, 123 Nev. Adv. Op. No. 47, Nevada Law Journal Nov 2007

Summary Of Dewey V. State, 123 Nev. Adv. Op. No. 47, Nevada Law Journal

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Matter Of Halverson, 123 Nev. Adv. Op. No. 29, Jennifer Arias Nov 2007

Summary Of Matter Of Halverson, 123 Nev. Adv. Op. No. 29, Jennifer Arias

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Leven V. Frey, 123 Nev. Adv. Op. No. 40, William Miller Oct 2007

Summary Of Leven V. Frey, 123 Nev. Adv. Op. No. 40, William Miller

Nevada Supreme Court Summaries

This appeal clarifies the procedure and standard for judgment renewal, under NRS 17.214. The Nevada Supreme Court held that an individual must show timely filing of an affidavit, timely recording of the affidavit (if the judgment to be renewed was recorded), and timely service of the affidavit. Furthermore, the statutory language requires strict compliance.


Summary Of D.R. Horton V. Dist. Ct., 125 Nev. Adv. Op. No. 35, Paul C. Williams Oct 2007

Summary Of D.R. Horton V. Dist. Ct., 125 Nev. Adv. Op. No. 35, Paul C. Williams

Nevada Supreme Court Summaries

D.R. Horton, Inc. built the First Light at Boulder Ranch Community in Henderson, Nevada, which consists of 138 buildings, with three residential units in each building, totaling 414 residences. There are three different floor plans, each with two possible elevations, for a total of six different types of homes. First Light believed that constructional defects may have existed in each residence, and hired experts to assist it in preparing a NRS 40.465,2 pre-litigation notice of constructional defects. In order to prepare this notice, the experts used visual and invasive testing of a small representative sample of homes, and then extrapolated …


Summary Of Martinez V. Maruszczak, 123 Nev. Adv. Op. No. 43, Alissa Macomber Oct 2007

Summary Of Martinez V. Maruszczak, 123 Nev. Adv. Op. No. 43, Alissa Macomber

Nevada Supreme Court Summaries

Appeal from a declaratory judgment in a medical malpractice case.


Summary Of Arnold V. Kip, 123 Nev. Adv. Op. No. 41, Barbara Mcdonald Oct 2007

Summary Of Arnold V. Kip, 123 Nev. Adv. Op. No. 41, Barbara Mcdonald

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Ryan V. Dist. Ct., 123 Nev. Adv. Op. No. 42, Katie Maw Oct 2007

Summary Of Ryan V. Dist. Ct., 123 Nev. Adv. Op. No. 42, Katie Maw

Nevada Supreme Court Summaries

Petition for a writ of mandamus challenging a district court’s order denying petitioner’s motion to substitute counsel.


Summary Of Clark Cty. Sch. Dist. V. Richardson Constr., 123 Nev. Adv. Op. 39, Danielle Tarmu Oct 2007

Summary Of Clark Cty. Sch. Dist. V. Richardson Constr., 123 Nev. Adv. Op. 39, Danielle Tarmu

Nevada Supreme Court Summaries

Appeal from judgment awarding $225,000 to Richardson Construction and order imposing sanctions upon Clark County School District (hereinafter “CCSD”).


Summary Of Westpark Owners’ Ass’N V. Dist. Ct., 123 Nev. Adv. Op. No. 37, Barbra E. Zess Sep 2007

Summary Of Westpark Owners’ Ass’N V. Dist. Ct., 123 Nev. Adv. Op. No. 37, Barbra E. Zess

Nevada Supreme Court Summaries

Homeowners’ Association’s (Association) petition for a writ of mandamus or prohibition against partial summary judgment, granted by Eighth Judicial District Court, in a declaratory relief action brought by the project developer and contractor (Westpark).j


Summary Of Nay V. State, 123 Nev. Adv. Op. No. 35, Tyler James Watson Sep 2007

Summary Of Nay V. State, 123 Nev. Adv. Op. No. 35, Tyler James Watson

Nevada Supreme Court Summaries

Appeal from a judgment of conviction, upon a jury verdict, of first-degree murder with the use of a deadly weapon and robbery with the use of a deadly weapon.


Summary Of Caballero V. Dist. Ct., 123 Nev. Adv. Op. No. 34, Jerald Van Rhyn Sep 2007

Summary Of Caballero V. Dist. Ct., 123 Nev. Adv. Op. No. 34, Jerald Van Rhyn

Nevada Supreme Court Summaries

Petitioner Caballero didn’t speak English and wanted an interpreter for his small claims proceedings. The justice court denied his request on the ground that he wasn’t disabled under NRS 50.050.2 The Supreme Court held that the justice court had an inherent power to allow a volunteer interpreter or appoint one in the alternative if justice demands it. Further, the Supreme Court held that the justice court had an express power of appointment under JCRCP 43(f).3 The Supreme Court therefore issued a write of mandamus ordering the district court’s order vacated and remanding the issue to justice court for consideration.


Summary Of Nanopierce Tech. V. Depository Trust, 123 Nev. Adv. Op. No. 38, Jamie Zimmerman Sep 2007

Summary Of Nanopierce Tech. V. Depository Trust, 123 Nev. Adv. Op. No. 38, Jamie Zimmerman

Nevada Supreme Court Summaries

Appeal from a district court order dismissing a securities fraud action.


Summary Of Witherow V. State, Bd. Of Parole Comm’Rs, 123 Nev. Adv. Op. No. 33, Tyler Ure Sep 2007

Summary Of Witherow V. State, Bd. Of Parole Comm’Rs, 123 Nev. Adv. Op. No. 33, Tyler Ure

Nevada Supreme Court Summaries

This case is an appeal from a district court order dismissing a complaint that challenged a parole board proceeding under Nevada’s Open Meeting Law.‡Ìq


Summary Of Marcuse V. Del Webb Communities, 123 Nev. Adv. Op. No. 30, Jeremy K. Cooper Aug 2007

Summary Of Marcuse V. Del Webb Communities, 123 Nev. Adv. Op. No. 30, Jeremy K. Cooper

Nevada Supreme Court Summaries

Appeal of a district court’s dismissal of a construction defect class action. Also, appeal from a district court’s denial of appellants’ motion to consolidate their claim and their motion for a separate trial within a class action (first action) and appeal from a district court’s order granting respondent’s motion to dismiss appellant’s pursuit of a second action independent from the class action under the doctrines of res judicata and collateral estoppel (second action). The Nevada Supreme Court affirmed the district court’s dismissal of the class action based on the settlement and reversed the district court’s order granting respondent’s motion to …


Summary Of Gallegos V. State, 123 Nev. Advanced Opinion 31, Matthew Engle Aug 2007

Summary Of Gallegos V. State, 123 Nev. Advanced Opinion 31, Matthew Engle

Nevada Supreme Court Summaries

Appellant Albert Gallegos was charged under NRS 202.360(1)(b),2 in 2004, with one count of unlawful possession of a firearm after police arrested him at his home in Clark County and found a firearm inside that home. That charge was based on a 1998 felony warrant issued by a California superior court. The California court issued the warrant when Gallegos failed to appear for sentencing after pleading nolo contendere to seven felony charges. At his Nevada trial, Gallegos testified that he did not appear for his sentencing hearing because the California superior court told him when he entered his plea that …


Summary Of State V. Ruscetta, Nev. Adv. Op. No. 32, Krystallin Hernandez Aug 2007

Summary Of State V. Ruscetta, Nev. Adv. Op. No. 32, Krystallin Hernandez

Nevada Supreme Court Summaries

Appeal from a district court’s order granting a defendant’s motion to suppress evidence found by a Las Vegas Metropolitan Police Officer during a consensual vehicle search.


Summary Of Halverson V. Hardcastle, 123 Nev. Adv. Op. No. 29, Jennifer Arias Jul 2007

Summary Of Halverson V. Hardcastle, 123 Nev. Adv. Op. No. 29, Jennifer Arias

Nevada Supreme Court Summaries

Petition granted in part and denied in part for a writ of quo warranto challenging a chief justice’s authority to require another district judge to meet with a committee of judges, to remove and reassign that judge’s criminal caseload, and to temporarily bar that judge from entering the courthouse.


Summary Of Nelson V. Heer, 123 Nev. Adv. Op. 26, Shauna Welsh Jul 2007

Summary Of Nelson V. Heer, 123 Nev. Adv. Op. 26, Shauna Welsh

Nevada Supreme Court Summaries

Review of district court’s order denying a motion for judgment as a matter of law based on the statutory interpretation of N.R.S. Chapter 113, which governs the sale of real property.