Breeden v. Eighth Judicial District Court

Summary

The Nevada Supreme Court granted petitioners' motion to voluntarily dismiss an original petition for extraordinary writ relief challenging a district court order adjudicating attorney liens. The court held that NRAP 42(b) does not authorize routine attorney-fee awards as a condition of voluntarily dismissing a nonfrivolous writ proceeding, although fees may be awarded under NRAP 38 for frivolous proceedings. The court denied the request for attorney fees and denied the request for costs without prejudice to seeking allowable costs under NRAP 39.

Holdings

1. NRAP 42(b) does not provide authority for routine awards of attorney fees as a condition of voluntarily dismissing a nonfrivolous appeal or writ proceeding; attorney fees may be awarded under NRAP 38 only when the appeal or writ proceeding is frivolous.
2. NRAP 42(b) governs voluntary dismissals of writ petitions as well as appeals.
3. Gonzalez was not awarded costs because she had not filed the bill of costs required by NRAP 39(c)(3), but the denial was without prejudice to seeking allowable costs through that procedure.

Questions Presented

1. Whether NRAP 42(b) authorizes the Nevada Supreme Court to condition voluntary dismissal of a nonfrivolous writ petition on payment of the opposing party's attorney fees.
2. Whether NRAP 42(b) applies to voluntary dismissal of an original writ proceeding as well as an appeal.
3. Whether Gonzalez was entitled to appellate costs after the voluntary dismissal.

Disposition

dismissed