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Full-Text Articles in Civil Procedure
Tom V. Innovative Home Systems, Llc, 132 Nev. Adv. Op. 15 (Mar. 10, 2016), Adrienne Brantley
Tom V. Innovative Home Systems, Llc, 132 Nev. Adv. Op. 15 (Mar. 10, 2016), Adrienne Brantley
Nevada Supreme Court Summaries
The Court determine that the decision of the State Contractors’ Board closing homeowners’ complaint and directing contractor to make repairs to residence was not a final decision resolving a contested case, as required to preclude a homeowner from relitigating whether contractor was required to have an electrical license. The Court also determine that genuine issues of material fact existed as to whether the contractor needed an electrical license and genuine issues of material fact existed as to whether the contractor completed its contractual obligations to homeowner.
D.R. Horton, Inc. V. Eighth Jud. Dist. Ct, 131 Nev., Adv. Op. 86 (October 29, 2015), Brandonn Grossman
D.R. Horton, Inc. V. Eighth Jud. Dist. Ct, 131 Nev., Adv. Op. 86 (October 29, 2015), Brandonn Grossman
Nevada Supreme Court Summaries
The Nevada Supreme Court considered a Petitioner home builder’s petition for writ relief and appeal of a district court order granting Respondent HOA’s ex parte motion for a stay and enlargement of time for service pursuant to NRS 40.647(2)(b). Ruling on Petitioner’s two writ petitions, the Court held the district court’s grant of a stay was not in error and the NRCP 41(e) five-year limitation period was tolled under the Boren exception to NRCP 41(e). Accordingly, the Court denied both writ petitions.
Summary Of Oxbow Constr. V. Eighth Jud. Dist. Ct., 130 Nev. Adv. Op. 86, Erik Foley
Summary Of Oxbow Constr. V. Eighth Jud. Dist. Ct., 130 Nev. Adv. Op. 86, Erik Foley
Nevada Supreme Court Summaries
The Court determined that (1) previously leased units become a “residence” under NRS 40.630 when their titles are later transferred to a home purchaser; (2) units previously leased prior to transfer of title to a purchaser are not considered “new” under NRS 40.615; and (3) where there is at least one “new residence” in a multiple unit building, relief is available for construction defects in the limited common areas assigned to that building.