Opinion
No. 65356
08-31-2015
DRYSDALE CIRCLE TRUST, Appellant, v. THE VILLAGE OF SILVER SPRINGS COMMUNITY ASSOCIATION, A DOMESTIC NON-PROFIT CORPORATION; RAQUEL TERAN, AN INDIVIDUAL; GABRIEL ROBLES, AN INDIVIDUAL; AND ADELINA GAXIOLA, AN INDIVIDUAL, Respondents.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF REVERSAL AND REMAND
This is an appeal from a district court order dismissing a quiet title action. Eighth Judicial District Court, Clark County; Valorie J. Vega, Judge.
The district court denied appellant's motion for summary judgment on its quiet title and declaratory relief claims against respondents and instead determined that the action must be dismissed as to these parties. In making this determination, the district court relied on a prior, April 19, 2013, order entered in the underlying case that dismissed appellant's quiet title and declaratory relief claims as to Bank of America National Association, which held the first mortgage/deed of trust on the property at issue here. In particular, the district court concluded that the April 19 order was "the law of the case and prevents [appellant] from prevailing on its claims" against respondents. Among other things, the April 19 dismissal order had determined that NRS 116.3116(2)'s superpriority provisions "generally afford[] first mortgage lien holders priority over assessment liens" and "require[] an HOA to institute a judicial action in order to trigger and enforce any super priority lien."
After the briefing of this matter was completed, the Nevada Supreme Court reversed the district court's April 19 order dismissing appellant's claims against Bank of America based on SFR Investments Pool 1, LLC v. U.S. Bank, N.A., 130 Nev. ___, 334 P.3d 408 (2014), which held that "a common-interest community association's NRS 116.3116(2) superpriority lien has true priority over a first security interest, and the association may nonjudicially foreclose on that lien." Drysdale Circle Trust v. Bank of Am., Nat'l Ass'n, Docket No. 63542 (Order of Reversal and Remand, November 3, 2014). Because the April 19 order on which the district court relied to make the decision at issue here has been reversed by the Nevada Supreme Court, we necessarily reverse the district court's order denying appellant's motion for summary judgment and instead dismissing its claims against respondents and remand this matter for further proceedings consistent with this order, the Nevada Supreme Court's November 3, 2014, order of reversal and remand in Docket No. 63542, and SFR Investments Pool, 130 Nev. ___, 334 P.3d 408.
The district court's April 19 dismissal order had been certified as final pursuant to NRCP 54(b) and was separately appealed by appellant in Docket No. 63542. --------
It is so ORDERED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver
cc: Chief Judge, Eighth Judicial District Court
Eighth Judicial District Court, Department 15
Kerry P. Faughnan
Greene Infuso, LLP
The Village of Silver Springs Community Association
Raquel Teran
Gabriel Robles
Adelina Gaxiola
Eighth District Court Clerk