Opinion
No. 8749
June 30, 1976 Rehearing denied July 22, 1976
Appeal from the Eighth Judicial District Court, Clark County; J. Charles Thompson, J.
Stanley W. Pierce, Las Vegas, for Appellant.
Paul V. Carelli, III, Las Vegas, for Respondents.
OPINION
This appeal, which is in progress, is from a judgment decreeing that appellant (plaintiff below) "takes nothing by way of its complaint."
Respondents have neither filed their answering brief within the time prescribed by NRAP 31(a), nor have they offered any explanation for their failure to do so.
Under these circumstances, and for the same reasons stated in, and on the authority of, Kitchen Factors, Inc. v. Brown, 91 Nev. 308, 535 P.2d 677 (1975), we, sua sponte, elect to treat respondents' unexcused and unexplained dereliction as a confession of error.
Accordingly, we reverse and remand for further proceedings. In accord with NRS 18.060 appellant will be allowed its costs on appeal, upon the proper filing of a cost bill.