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Summa Corporation v. Brooks Rent-A-Car

Supreme Court of Nevada
Nov 13, 1979
95 Nev. 779 (Nev. 1979)

Summary

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

Summary of this case from County Comm'rs v. Las Vegas Discount Golf

Opinion

No. 10649

November 13, 1979

Appeal from Eighth Judicial District Court, Clark County; James A. Brennan, Judge.

Lionel Sawyer Collins, and David N. Frederick, Las Vegas, for Appellant.

David Abbatangelo, Las Vegas, for Respondent.


OPINION


Appellant's opening brief was filed on September 5, 1978. Respondent sought and was granted an extension of time to November 10, 1978 in which to file its answering brief. Respondent, however, neither filed its brief when it was due, nor has it requested a further extension of time in which to do so.

Because of respondent's dereliction, appellant has filed a motion for confession of error and summary reversal. See NRAP 31(c). In its response to the motion, respondent suggests that, in lieu of an answering brief, this court may search "the entire transcript of the proceedings below" to answer the arguments raised by appellant.

This court will not comb the record to ascertain matters which should have been set forth in respondent's brief. See State v. Cecchettini, 45 Nev. 238, 201 P. 547 (1921). Instead, we elect to treat respondent's failure to file its answering brief as a confession of error. Kitchen Factors, Inc. v. Brown, 91 Nev. 308, 535 P.2d 677 (1975). Accordingly, the judgment in respondent's favor is reversed and this case is remanded for trial on the merits.


Summaries of

Summa Corporation v. Brooks Rent-A-Car

Supreme Court of Nevada
Nov 13, 1979
95 Nev. 779 (Nev. 1979)

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

Summary of this case from County Comm'rs v. Las Vegas Discount Golf

stating that "[t]his court will not comb the record to ascertain matters which should have been set forth in [a party's] brief

Summary of this case from Yi-Chen Kuo v. Tsi Kwong Lan
Case details for

Summa Corporation v. Brooks Rent-A-Car

Case Details

Full title:SUMMA CORPORATION, A DELAWARE CORPORATION, APPELLANT, v. BROOKS…

Court:Supreme Court of Nevada

Date published: Nov 13, 1979

Citations

95 Nev. 779 (Nev. 1979)
602 P.2d 192

Citing Cases

Yi-Chen Kuo v. Tsi Kwong Lan

"See, e.g., NRAP 28(e)(1); Summa Corp. v. Brooks Rent-A-Car, 95 Nev. 779, 780, 602 P.2d 192, 193 (1979)…

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