Nationstar Mortg. Llc Vs. Las Vegas Rental & Repair, Llc Ser. 63

• Court: Nevada Supreme Court
• Decided: April 16, 2021
• Docket: 81054
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

NATIONSTAR MORTGAGE LLC, No. 81054 Appellant, vs. LAS VEGAS RENTAL & REPAIR, LLC SERIES 63, A NEVADA LIMITED MEL LIABILITY COMPANY, APR 1 ii 2021 Res • ondent. itEhela L:011 EY-- DEPUTY GLEN<

ORDER OF AFFIRMANCE This is an appeal from a postjudgment order denying a request for attorney fees. Eighth Judicial District Court, Clark County; David M. Jones, Judge.1 We are not persuaded that the district court abused its discretion in declining to award appellant attorney fees. See Watson Rounds, P.C. v. Eighth Judicial Dist. Court, 131 Nev. 783, 787, 358 P.3d 228, 231 (2015) (reviewing a district court's decision whether to award attorney fees for an abuse of discretion). In particular, the district court was within its discretion in determining that the amount of appellant's offer of judgment was unreasonably low and that respondent did not reject it in bad faith in light of the offer being made before this court issued its decision in Daisy Trust v. Wells Fargo Bank, N.A., 135 Nev. 230, 445 P.3d 846 (2019). See Beattie v. Thomas, 99 Nev. 579, 588-89, 668 P.2d 268, 274 (1983) (listing factors the district court should consider when evaluating whether an award of attorney fees under NRCP 68(f) is warranted). Relatedly, the

1Pursuant to NRAP 34(f)(1), we have determined that oral argument is not warranted in this appeal. district court was within its discretion in determining that the amount of the offer was unreasonably low in light of the offer having been made shortly after the district court declined to grant appellant's summary judgment rnotion due to perceived deficiencies in appellant's evidence, which appellant never cured, and with respect to which respondent raised colorable arguments that the evidence in the underlying case was distinguishable from Daisy Trust. Accordingly, we ORDER the judgment of the district court AFFIRMED.

Q/ . tf? J. Cadish

Pidett '' Pickering 7 , J. Herndon ,J

cc: Hon. David M. Jones, District Judge Akerman LLP/Las Vegas Clark Newberry Law Firm Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 (0) I 947A Ogitil.