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SFR INVS. POOL 1, LLC v. U.S. BANK, N.A.

Citation: 2022 NV 22Docket: 81293

Court: Nevada Supreme Court; April 7, 2022; Nevada; State Supreme Court

Original Court Document: View Document

Narrative Opinion Summary

This case involves SFR Investments Pool 1, LLC as the appellant/cross-respondent and U.S. Bank, N.A. along with Nationstar Mortgage, LLC as respondents/cross-appellants. Originating from the Eighth Judicial District Court in Clark County, Nevada, the case reached the Nevada Supreme Court as a civil appeal. The primary legal issues revolved around procedural appeals, including the filing and timing requirements for briefs and appendices, alongside motions for rehearing and en banc reconsideration. Initial settlement efforts were unsuccessful, leading to a comprehensive appellate process marked by numerous procedural motions and extensions. The Federal Housing Finance Agency participated as amicus curiae despite appellant's opposition. The Nevada Supreme Court affirmed the district court's judgment, and subsequent petitions for rehearing and en banc reconsideration were denied, finalizing the appellate outcome in favor of the respondents. Throughout the litigation, there were several changes in legal counsel for the respondents, reflecting strategic legal adjustments. Ultimately, the case concluded with the issuance of a remittitur, formally closing the case.

Legal Issues Addressed

Appeal and Cross-Appeal Procedures

Application: The case involves both an appeal and a cross-appeal, with procedural rules governing the deadlines and extensions for filing briefs and appendices.

Reasoning: The appellant requested extensions for filing the opening brief several times, with the final deadline set for January 19, 2021.

Rehearing Petition and En Banc Reconsideration

Application: The appellant's petition for rehearing was denied, as was the subsequent petition for en banc reconsideration, concluding that further review was not warranted.

Reasoning: An opinion on rehearing was issued on April 7, 2022, denying the rehearing request... The petition for en banc reconsideration was filed on June 6, 2022, but was denied on June 23, 2022.

Role of Amicus Curiae

Application: The Federal Housing Finance Agency was granted permission to participate as amicus curiae, despite opposition from the appellant.

Reasoning: On June 22, 2021, a motion by the Federal Housing Finance Agency (FHFA) to appear as amicus curiae and file a supporting brief was submitted.

Withdrawal and Substitution of Counsel

Application: Changes in legal representation occurred, including the withdrawal of certain attorneys and the addition of new counsel for respondents/cross-appellants.

Reasoning: An order on December 6, 2021, granted the motion to withdraw counsel Akerman LLP... adding Gary E. Schnitzer from Kravitz Schnitzer Johnson Watson as new counsel.