Hunter v. Gang

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On December 4, 2009, Plaintiff filed a verified complaint asserting claims to quiet title and for adverse possession. On August 11, 2011, Defendant moved to dismiss Plaintiff’s action with prejudice for want of prosecution. Plaintiff opposed the motion, arguing that dismissal was premature because the two-year time period in Nev. R. Civ. P. 41(e) had not passed. The district court granted Defendant’s motion to dismiss and granted Defendant’s motion for attorney fees and costs in full. Plaintiff appealed the dismissal and the award of attorney fees. The two appeals were subsequently consolidated. The Supreme Court reversed and vacated the subsequent order awarding attorney fees and costs, holding that the district court’s findings of fact, on which it based its conclusions of law and decision to dismiss the action with prejudice, were unsupported by the evidence in the record and that there was no evidence presented that supported a finding that dismissal with prejudice was warranted. View "Hunter v. Gang" on Justia Law