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Hansen Plumbing Heating of Nev. v. Gilbert Dev. Corp.

Supreme Court of Nevada
Dec 31, 1981
97 Nev. 642 (Nev. 1981)

Summary

treating the failure to file an answering brief as a confession of error

Summary of this case from Plumbers Local Union No. 519 Pension Tr. Fund v. Ergen

Opinion

No. 13413

December 31, 1981

Appeal from order granting petition to perpetuate testimony, Eighth Judicial District Court, Clark County; Carl J. Christensen, Judge.

Vargas Bartlett, and Christopher L. Kaempfer, Las Vegas, for Appellant.

James E. Barfield, Las Vegas, for Respondent.


OPINION


An affidavit submitted by appellant indicates that its opening brief was mailed to respondent on August 31, 1981. No answering brief has been filed, nor has respondent replied to an order to show cause why his failure to file an answering brief should not be treated as a confession of error. Respondent's brief is now two months late. We consequently assume that respondent concedes the validity of appellant's contentions, and we elect to treat his failure to respond as a confession of error. NRAP 31(c); State of Rhode Island v. Prins, 96 Nev. 565, 613 P.2d 408 (1980); Kitchen Factors, Inc. v. Brown, 91 Nev. 308, 535 P.2d 677 (1975); Toiyabe Supply Co. v. Arcade, 74 Nev. 314, 330 P.2d 121 (1958). The district court's order granting respondent's petition to perpetuate testimony is reversed.


Summaries of

Hansen Plumbing Heating of Nev. v. Gilbert Dev. Corp.

Supreme Court of Nevada
Dec 31, 1981
97 Nev. 642 (Nev. 1981)

treating the failure to file an answering brief as a confession of error

Summary of this case from Plumbers Local Union No. 519 Pension Tr. Fund v. Ergen

treating respondent's failure to respond to an argument as a confession of error

Summary of this case from Premier One Holdings, Inc. v. Newmyer
Case details for

Hansen Plumbing Heating of Nev. v. Gilbert Dev. Corp.

Case Details

Full title:HANSEN PLUMBING AND HEATING OF NEVADA, INC., APPELLANT, v. GILBERT…

Court:Supreme Court of Nevada

Date published: Dec 31, 1981

Citations

97 Nev. 642 (Nev. 1981)
638 P.2d 76

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