Hustead v. Hustead

Full title: LEE DAVID HUSTEAD, Appellant, v. MARJORIE L. HUSTEAD, Respondent.

Court: COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Dec 28, 2017

No. 72478 (Nev. App. Dec. 28, 2017)

Opinion

No. 72478

12-28-2017

LEE DAVID HUSTEAD, Appellant, v. MARJORIE L. HUSTEAD, Respondent.

Silver

ORDER OF AFFIRMANCE

Lee David Hustead appeals from a district court order awarding attorney fees. Second Judicial District Court, Family Court Division, Washoe County; Cynthia Lu, Judge.

In the proceedings below, Lee filed a motion for sanctions. Following a hearing on the matter, the district court denied the motion and granted respondent, Marjorie Hustead, $426.00 in reasonable attorney fees and costs. The order indicates that Marjorie was awarded fees and costs as the prevailing party and for having to respond to Lee's motion, which was filed without reasonable grounds, pursuant to NRS 18.010.

The district court may award attorney fees¹ pursuant to NRS 18.010(2)(b) if it determines there was no reasonable basis for a party's claim at the time of filing. Rivero v. Rivero, 125 Nev. 410, 441, 216 P.3d 213, 234 (2009). Although this court reviews a district court's award of attorney fees for an abuse of discretion, there must be evidence supporting the district court's finding that the claim was unreasonable or brought to harass. Id.; Mack-Manley v. Manley, 122 Nev. 849, 859-60, 138 P.3d 525, 532-33 (2006) (concluding that the district court may award attorney fees pursuant to NRS 18.010(2)(b) in a post-divorce action). Here, the district court concluded Lee's motion for sanctions was brought without reasonable grounds, and the record supports that finding. Therefore, we conclude that the district court did not abuse its discretion in making the challenged award.² Accordingly, we

1 Lee does not challenge the district court's award of costs in its combined award. As a result he has waived any arguments regarding the district court's six dollar costs award. See Powell v. Liberty Mut. Fire Ins. Co., 127 Nev. 156, 161 n.3, 252 P.3d 668, 672 n.3 (2011) ("Issues not raised in an appellant's opening brief are deemed waived.").

2 In light of this order, we deny as moot all other requests for relief currently pending in this matter.

ORDER the judgment of the district court AFFIRMED.³

3 The Honorable Jerome Tao, Judge, voluntarily recused himself from participation in the decision of this matter. --------

/s/_________, C.J.

Silver

/s/_________, J.

Gibbons cc: Hon. Cynthia Lu, District Judge, Family Court Division

Lee David Hustead

Surratt Law Practice, PC/Reno

Washoe District Court Clerk