Summary
stating that, if argument or authority is not presented as to the alleged error, this court will not consider it unless "the error is so unmistakable that it reveals itself by a casual inspection of the record"
Summary of this case from Okaibi v. StehlikOpinion
No. 6931
December 31, 1973
Appeal from judgment of the Eighth Judicial District Court, Clark County; Carl J. Christensen, Judge.
Charles L. Kellar, of Las Vegas, for Appellant.
W. Owen Nitz, of Las Vegas, for Respondents.
OPINION
In appellant's Opening Brief, his counsel specifies five errors. Counsel's arguments concerning the first four assume facts not in the record on appeal, which consists of the pleadings and a statement of the evidence, submitted by respondents, and settled and approved by the trial court pursuant to NRCP 75(n). The trial court expressly rejected and disapproved a different statement of the evidence which appellant's counsel submitted.
On appeal, appellant's counsel has made no attempt to confine or relate his argument to such record as is available, which to us seems to justify deciding the merits of the action in respondents' favor. As to the fifth assignment of error, counsel has proffered no argument whatever.
"If appellant presents no argument or authorities in support of an alleged error in the court below, this court will not consider the assignment, unless the error is so unmistakable that it reveals itself by a casual inspection of the record." Allison v. Hagan, 12 Nev. 38, 42 (1877); Gardner v. Gardner, 23 Nev. 207, 45 P. 139 (1896); Candler v. Ditch Co., 28 Nev. 151, 80 P. 751 (1905); Riverside Casino v. J.W. Brewer Co., 80 Nev. 153, 390 P.2d 232 (1964); Smithart v. State, 86 Nev. 925, 478 P.2d 576 (1970).
Affirmed.