Opinion
No. 76393-COA
11-25-2019
BEATRICE DENISE TURNER, Appellant, v. SOUTHERN NEVADA REGIONAL HOUSING AUTHORITY, A POLITICAL SUBDIVISION FORMED PURSUANT TO NRS 315.7805, Respondent.
ORDER OF REVERSAL AND REMAND
Beatrice Denise Turner appeals a post-judgment award of attorney fees and costs in a tort action. Eighth Judicial District Court, Clark County; Douglas Smith, Judge.
In the proceedings below, the district court granted summary judgment in favor of respondent Southern Nevada Regional Housing Authority (SNRHA). While an appeal from the grant of summary judgment was pending in Docket No. 75258-COA, the district court granted SNRHA's motion for attorney fees and costs. This appeal followed.
In Turner's first appeal, this court reversed the district court's grant of summary judgment and remanded the matter for further proceedings. See Turner v. S. Nev. Reg'l Hous. Auth., Docket No. 75258-COA (Order of Reversal and Remand, June 14, 2019). In light of this court's reversal and remand as to the grant of summary judgment in this matter, we likewise must reverse and remand the subsequent award of attorney fees and costs. See Frederic & Barbara Rosenberg Living Tr. v. MacDonald Highlands Realty, LLC, 134 Nev. 570, 579-80, 427 P.3d 104, 112 (2018) (concluding an award of attorney fees and costs must necessarily be reversed when the underlying decision upon which the award was based is reversed).
Accordingly we,
ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for further proceedings.
In reaching this result, we make no comment on the merits of the issues and arguments presented by appellant on appeal.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Chief Judge, Eighth Judicial District Court
Department 8, Eighth Judicial District Court
Law Office of John P. Shannon
Parker, Nelson & Associates
Eighth District Court Clerk