Reno Raceway, Inc. v. Sierra Paving, Inc.

Nevada Supreme Court

Reno Raceway, Inc. v. Sierra Paving, Inc.

492 P.2d 127, 87 Nev. 619, 1971 Nev. LEXIS 491

CourtNevada Supreme Court

DecidedDecember 29, 1971

Docket6556

StatusPublished

Cited by8 cases

This text of 492 P.2d 127 (Reno Raceway, Inc. v. Sierra Paving, Inc.) 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

Reno Raceway, Inc. v. Sierra Paving, Inc., 492 P.2d 127, 87 Nev. 619, 1971 Nev. LEXIS 491 (Neb. 1971).

Pincite

Opinion

OPINION

Per Curiam:

This appeal is from an order of the district court refusing to set aside a default judgment entered against defendants who had appeared in the action. The record shows that the plaintiff failed to serve written notice of its application for default judgment upon the defendants as required by NRCP 55(b)(2). 1 This failure voids the judgment. Ray v. Stecher, 79 Nev. 304, 311, 383 P.2d 372 (1963). The appellants are given ten days after remittitur within which to answer.

Reversed and remanded for further proceedings.

1

Rule 55(b)(2): “ ... If the party against whom judgment by default is sought has appeared in the action, he . . . shall be served with written notice of the application for judgment at least 3 days prior to the hearing on such application. . . .”

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