Opinion
No. 64651
03-12-2015
AARON L. KATZ, TRUSTEE OF THE KATZ TRUST CREATED 11/23/99, Appellant, v. CARROLL F. KNUTSON, AS TRUSTEE OF THE KNUTSON FAMILY TRUST DATED MAY 20, 2004; AND WELLS FARGO BANK, N.A., Respondents.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This is an appeal from a district court summary judgment in a real property action, certified as final under NRCP 54(b). Eighth Judicial District Court, Clark County; Joanna Kishner, Judge.
We direct the clerk of the court to modify the caption on the docket for this case to conform to the caption on this order, which reflects that Lawyers Title of Nevada, Inc. is not a party to this appeal.
Having considered the parties' arguments and the record on appeal, we conclude that the district court properly granted summary judgment in favor of respondents. See Wood v. Safeway, Inc., 121 Nev. 724, 729, 121 P.3d 1026, 1029 (2005) (reviewing de novo a district court's decision to grant summary judgment). In particular, appellant's causes of action against respondents are premised upon appellant holding a valid security interest in the subject property. The undisputed evidence, however, demonstrated that the borrowers repaid the secured debt to the entity identified in the borrowers' promissory note ("Lender") as the entity to whom payment should be made until otherwise "notified by the Note Holder." The undisputed evidence also demonstrated that appellant never notified the borrowers that the loan had been assigned to him and that payment should have been made to him, meaning that the borrowers properly satisfied the note by repaying Lender. Thus, the district court properly determined that, as a matter of law, the security interest that appellant was seeking to enforce had been extinguished. We therefore
In reaching this conclusion, we have not considered appellant's arguments that are made for the first time on appeal. Old Aztec Mine, Inc. v. Brown, 97 Nev. 49, 52, 623 P.2d 981, 983 (1981). We deny respondents' November 7, 2014, motion to strike portions of appellant's reply brief.
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ORDER the judgment of the district court AFFIRMED.
/s/_________, J.
Parraguirre
/s/_________, J.
Douglas
/s/_________, J.
Cherry
cc: Hon. Joanna Kishner, District Judge
Lansford W. Levitt, Settlement Judge
The Dean Legal Group, Ltd.
Meier & Fine, LLC
Fidelity National Law Group
Eighth District Court Clerk