United Auto. Ins. Co. Vs. Nalder

• Court: Nevada Supreme Court
• Decided: April 8, 2021
• Docket: 79487
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

UNITED AUTOMOBILE INSURANCE No. 79487 COMPANY, Appellant, vs. CHEYENNE NALDER; AND GARY FILE LEWIS, Res iondents. APR 0 8 2021 ELiZAB A. S-Rown CLERK OF UPREME COU BY DEPUTY CLERK

ORDER DISMISSING APPEAL

This is an appeal from a district court order denying a post- judgment motion for NRCP 60(b) relief. Eighth Judicial District Court, Clark County; Eric Johnson, Judge. Appellant United Automobile Insurance Company (UAIC) has filed a suggestion of rnootness, recognizing that, in related case Nalder v. Eighth Judicial District Court, we directed the district court to vacate its order granting UAIC leave to intervene in the underlying case and to strike any related subsequent pleadings and orders, including the appealed order. 136 Nev. 200, 209, 462 P.3d 677, 686 (2020). Respondents Cheyenne Nalder and Gary Lewis have filed a response, agreeing that this appeal should be dismissed as moot but seeking sanctions against UAIC for filing and maintaining a frivolous appeal and for acting in bad faith in pursuing litigation and appellate relief in this matter in general. UAIC has filed a reply opposing the sanctions request. Having reviewed the parties filings, we agree that this appeal was rendered moot by our decision in Nalder, 136 Nev. 200, 462 P.3d 677, and should be dismissed. See Univ. & Crnty. Coll. Sys. of Nev. v. Nevadans SUPREME COURT OF NEVADA

(0) 1947A (431114114

,7:rzm SF "Mr5-7v;, for Sound Gov't, 120 Nev. 712, 720, 100 P.3d 179, 186 (2004) (recognizing that events subsequent to the district court's decision can render an appeal moot). Further, it does not appear that this appeal—which has not been briefed—was pursued frivolously, and we decline to impose sanctions. NRAP 38. Accordingly, we ORDER this appeal DISMISSED.

—941)1416.mam7 J. Parraguirre

Stiglich

J. Silver

cc: Hon. Eric Johnson, District Judge Paul M. Haire, Settlement Judge Lewis Roca Rothgerber Christie LLP/Las Vegas Winner & Sherrod Stephens Law Offices E. Breen Arntz, Chtd. Christensen Law Offices, LLC Eighth District Court Clerk

SUPREME COURT OF NEVADA

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