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Wlab Inv., Llc v. Tknr, Inc. C/W 83051

Citation: Not availableDocket: 82835

Court: Nevada Supreme Court; May 12, 2022; Nevada; State Supreme Court

Original Court Document: View Document

Narrative Opinion Summary

In the consolidated civil appeal involving WLAB INV. LLC and TKNR, Inc., arising from the Clark County Eighth Judicial District, the appellate court navigated through procedural complexities following an unsuccessful mediation attempt within a settlement program. The case, identified by docket numbers 82835 and 83051, involved multiple respondents and was marked by significant procedural filings and corrections due to initial deficiencies in submitted briefs. Key proceedings included the rejection and correction of both the appellant's opening brief and the respondents' answering brief, which dictated the briefing schedule and necessitated extensions. On May 12, 2022, the appellate court affirmed the district court's summary judgment in favor of the respondents while reversing the award of attorney fees, showcasing appellate review and modification of trial court decisions. Despite the appellant's timely petition for rehearing following an extension, the court denied the rehearing request, and the remittitur was issued on July 25, 2022, thereby closing the case. The outcome affirmed certain district court findings while altering others, particularly regarding financial liabilities related to attorney fees.

Legal Issues Addressed

Civil Appeals Process and Settlement Programs

Application: The case was assigned to a settlement program to explore mediation, which ultimately was not successful, leading to procedural consolidations and established deadlines for appeal briefings.

Reasoning: The case originated from the Clark County Eighth Judicial District (case number A785917) and is classified as a civil appeal. Multiple parties, represented primarily by Michael B. Lee and Michael N. Matthis of Michael B. Lee, P.C., are involved as respondents.

Petition for Rehearing

Application: The appellant's petition for rehearing was filed and subsequently denied, demonstrating the limited scope of reconsideration of appellate decisions post-judgment.

Reasoning: A telephonic extension was granted on June 1, 2022, allowing the Appellant until June 14, 2022, to file a petition for rehearing. The Appellant filed a rehearing petition and paid the associated fee on June 14, 2022. However, the court denied the rehearing request on June 29, 2022.

Procedural Requirements for Appeal Briefs

Application: The appellate procedure necessitated the correction of deficiencies in both the appellant's and respondents' briefs before submission deadlines, impacting the briefing schedule.

Reasoning: The document outlines a series of procedural steps and filings... Key actions include the rejection of the Appellant's Opening Brief on November 18, 2021, due to deficiencies, and the subsequent filing of multiple appendices related to the opening brief, spanning from Volume 1 to Volume 10.

Summary Judgment and Attorney Fees

Application: The court affirmed the district court's summary judgment in one docket while reversing the award of attorney fees in another, showcasing judicial review of trial court decisions on appeal.

Reasoning: On May 12, 2022, the court issued an order affirming the district court's summary judgment for Docket No. 82835 while reversing the award of attorney fees in Docket No. 83051.