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7813 Milkweed Court Tr. v. Wells Fargo Bank

COURT OF APPEALS OF THE STATE OF NEVADA
Dec 14, 2017
No. 71584 (Nev. App. Dec. 14, 2017)

Opinion

No. 71584

12-14-2017

7813 MILKWEED COURT TRUST, A NEVADA TRUST, Appellant, v. WELLS FARGO BANK, N.A., A NATIONAL ASSOCIATION, Respondent.


ORDER OF REVERSAL AND REMAND

7813 Milkweed Court Trust appeals from a district court order of dismissal in a real property action. Eighth Judicial District Court, Clark County; Ronald J. Israel, Judge.

This case arises from a declaratory relief action following a homeowners association foreclosure pursuant to NRS Chapter 116. Below, the district court granted respondent's motion to dismiss 7813 Milkweed Court Trust's case on the ground that NRS Chapter 116 was unconstitutional. On appeal, the parties agree that the Nevada Supreme Court's recent decision in Saticoy Bay LLC Series 350 Durango 104 v. Wells Fargo Home Mortgage, 133 Nev. ___, 388 P.3d 970 (2017), specifically addresses this matter and mandates reversal. Under these circumstances, we

ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order.

We conclude that an award of attorney fees based on NRAP 38 (authorizing an award of fees as a sanction for, among other things, frivolous appeals, appeals taken or processed solely for delay, or when "the appellate processes of the court have otherwise been misused") is not warranted. Accordingly, 7813 Milkweed Court Trust's request for a fees award under this rule is denied. --------

/s/_________, C.J.

Silver

/s/_________, J.

Tao

/s/_________, J.

Gibbons cc: Hon. Ronald J. Israel, District Judge

Craig A. Hoppe, Settlement Judge

Ayon Law, PLLC

Snell & Wilmer, LLP/Tucson

Snell & Wilmer, LLP/Las Vegas

Eighth District Court Clerk


Summaries of

7813 Milkweed Court Tr. v. Wells Fargo Bank

COURT OF APPEALS OF THE STATE OF NEVADA
Dec 14, 2017
No. 71584 (Nev. App. Dec. 14, 2017)
Case details for

7813 Milkweed Court Tr. v. Wells Fargo Bank

Case Details

Full title:7813 MILKWEED COURT TRUST, A NEVADA TRUST, Appellant, v. WELLS FARGO BANK…

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Dec 14, 2017

Citations

No. 71584 (Nev. App. Dec. 14, 2017)