Opinion
No. 53936.
01-18-2011
4G WIRELESS, INC., a California Corporation and Mohammed Honarkar, an Individual, Appellants, v. DESERT INN COMMERCIAL, LLC, a Nevada Limited Liability Company, Respondent.
Richard L. Tobler Marquis & Aurbach
Richard L. Tobler
Marquis & Aurbach
ORDER OF AFFIRMANCE
This is an appeal from a district court judgment in a real property action. Eighth Judicial District Court, Clark County; Jackie Glass, Judge.
In light of this order, we decline to reconsider our July 20, 2010, order denying respondent's motion to dismiss for lack of jurisdiction.
Appellants 4G Wireless, Inc., and Mohammed Honarkar challenge the district court's award of accelerated damages to respondent Desert Inn Commercial, LLC, for the entire amount of rent and expenses past due and for the remaining lease term, as well as interest on all unpaid amounts. Having reviewed the parties' briefs and appendices, we conclude that respondent's omission of contractual language from the quote in its summary judgment motion does not require reversal, as appellant made no legal argument below as to the basis for any lesser amount due. Moreover, we refuse to consider appellants' arguments that were not raised in the district court. Schuck v. Signature Flight Support, 126 Nev. ––––, ––– P.3d –––– (Adv.Op. No. 42, November 4, 2010); Canyon Villas v. State, Tax Comm'n, 124 Nev. 832, 845 n. 27, 192 P.3d 746, 754–55 n. 27 (2008) (citing Old Aztec Mine, Inc. v. Brown, 97 Nev. 49, 52, 623 P.2d 981, 983 (1981) ). Accordingly, we
ORDER the judgment of the district court AFFIRMED.