Nicoladze v. First National Bank of Nevada

Nevada Supreme Court

Nicoladze v. First National Bank of Nevada

580 P.2d 1391, 94 Nev. 377, 1978 Nev. LEXIS 568

CourtNevada Supreme Court

DecidedJune 28, 1978

DocketNo. 9136

StatusPublished

Cited by2 cases

This text of 580 P.2d 1391 (Nicoladze v. First National Bank of Nevada) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Nicoladze v. First National Bank of Nevada, 580 P.2d 1391, 94 Nev. 377, 1978 Nev. LEXIS 568 (Neb. 1978).

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Opinion

OPINION

By the Court,

McKibben, D. J.:¹

Subsequent to the entry of judgment in an action to which appellant George G. Nicoladze was not a party, respondent First National Bank filed a motion to add him as a judgment debtor on the theory that he was the alter ego of defendant corporation Lawler Cattle Company.² Without conducting a [378]*378hearing on the matter or making any findings, the district court granted the motion. We agree with appellant that such action was improper.

Fundamental due process requires that a person against whom a claim is asserted in a judicial proceeding have an opportunity to be heard and present his defenses. Clark Co. Sports Enterprises v. Kaighn, 93 Nev. 395, 566 P.2d 411 (1977). While we upheld an analogous circumstance of adding a judgment debtor in McCleary Cattle Co. v. Sewell, 73 Nev. 279, 317 P.2d 957 (1957), there such action followed a hearing wherein the district court found that the added party was the alter ego of the defendant. Here, no hearing was held to enable appellant to controvert the alter ego allegation and, from the record, we are unable to discern what factual basis the district court relied upon in holding appellant liable.

Accordingly, the order of the district court is reversed, and the matter is remanded for further proceedings consistent with this opinion.

Batjer, C. J., and Mowbray, Thompson, and Gunderson, JJ., concur.

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OPINION

By the Court,

McKibben, D. J.:¹

Subsequent to the entry of judgment in an action to which appellant George G. Nicoladze was not a party, respondent First National Bank filed a motion to add him as a judgment debtor on the theory that he was the alter ego of defendant corporation Lawler Cattle Company.² Without conducting a [378]*378hearing on the matter or making any findings, the district court granted the motion. We agree with appellant that such action was improper.

Fundamental due process requires that a person against whom a claim is asserted in a judicial proceeding have an opportunity to be heard and present his defenses. Clark Co. Sports Enterprises v. Kaighn, 93 Nev. 395, 566 P.2d 411 (1977). While we upheld an analogous circumstance of adding a judgment debtor in McCleary Cattle Co. v. Sewell, 73 Nev. 279, 317 P.2d 957 (1957), there such action followed a hearing wherein the district court found that the added party was the alter ego of the defendant. Here, no hearing was held to enable appellant to controvert the alter ego allegation and, from the record, we are unable to discern what factual basis the district court relied upon in holding appellant liable.

Accordingly, the order of the district court is reversed, and the matter is remanded for further proceedings consistent with this opinion.

Batjer, C. J., and Mowbray, Thompson, and Gunderson, JJ., concur.

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Bluebook (online)

580 P.2d 1391, 94 Nev. 377, 1978 Nev. LEXIS 568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nicoladze-v-first-national-bank-of-nevada-nev-1978.

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