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Doty v. Dubin

COURT OF APPEALS OF THE STATE OF NEVADA
Jan 25, 2017
No. 69665 (Nev. App. Jan. 25, 2017)

Summary

reversing an attorney fee award in part because the district court made insufficient findings explaining its decision

Summary of this case from Elwardt v. Elwardt

Opinion

No. 69665

01-25-2017

MICHAEL DOTY, Appellant, v. TONYA DUBIN, Respondent.


ORDER OF REVERSAL AND REMAND

This is an appeal from a district court order awarding attorney fees in a temporary protection matter. Eighth Judicial District Court, Family Court Division, Clark County; Denise L. Gentile, Judge.

After this appeal was docketed in the Nevada Supreme Court, that court issued an order dismissing the portion of this appeal challenging an order extending a temporary protection order. (Order Dismissing Appeal in Part and Directing Transmission of Record, February 17, 2016). In light of the supreme court's dismissal order, we do not address appellant's arguments relating to the temporary protection order.

After extending a temporary protection order against appellant Michael Doty, the district court granted respondent Tonya Dubin $750 in attorney fees for having to defend against Doty's objection to the extension of the protection order. While the district court cited NRS 18.010 and EDCR 7.60 in the order granting attorney fees, the court made no findings explaining its decision to award attorney fees under those provisions. Moreover, the court did not indicate that it had considered the reasonableness of the fees awarded under the factors set forth in Brunzell v. Golden Gate National Bank, 85 Nev. 345, 349-50, 455 P.2d 31, 33-34 (1969). Because the district court is required to make such findings in awarding attorney fees, see Stubbs v. Strickland, 129 Nev. 146, 152 n.1, 297 P.3d 326, 330 n.1 (2013) (explaining that a district court must "make findings regarding the basis for awarding attorney fees and the reasonableness of an award of attorney fees"), we reverse the district court's order granting attorney fees and remand this matter to the district court for further proceedings consistent with this order.

In light of this order, we do not reach Doty's arguments as to the merits of the district court's decision to award attorney fees. --------

It is so ORDERED.

/s/_________, C.J.

Silver

/s/_________, J.

Tao

/s/_________, J.

Gibbons cc: Hon. Denise L. Gentile, District Judge, Family Court Division

Michael Doty

Robinson Law Group

Eighth District Court Clerk


Summaries of

Doty v. Dubin

COURT OF APPEALS OF THE STATE OF NEVADA
Jan 25, 2017
No. 69665 (Nev. App. Jan. 25, 2017)

reversing an attorney fee award in part because the district court made insufficient findings explaining its decision

Summary of this case from Elwardt v. Elwardt
Case details for

Doty v. Dubin

Case Details

Full title:MICHAEL DOTY, Appellant, v. TONYA DUBIN, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Jan 25, 2017

Citations

No. 69665 (Nev. App. Jan. 25, 2017)

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