Summary
The Supreme Court of Nevada reversed and remanded a district court order denying taxi drivers’ renewed motion to appoint a post-judgment receiver in a minimum-wage class action. The court held that the request for a receiver remained pending because earlier proceedings had not resulted in a final denial, and therefore the district court abused its discretion by declining to consider the motion on its merits. The court declined to address the factual merits of the receivership request in the first instance.
Holdings
- The Supreme Court of Nevada had jurisdiction under NRAP 3A(b)(4) because the district court's order expressly denied the request to appoint a receiver, even though the district court also construed the motion as one for reconsideration.
- The district court abused its discretion by finding that the receiver request had already been brought and denied several times and by declining to consider the renewed motion on its merits.
Questions Presented
- Whether the Nevada Supreme Court had appellate jurisdiction over an order that construed the appellants' motion as one for reconsideration but also expressly denied appointment of a receiver.
- Whether the district court abused its discretion by treating the appellants' renewed receiver request as previously decided and refusing to consider it on the merits.
- Whether the district court's prior orders had finally denied the request to appoint a receiver.
Disposition
reversed_and_remanded
Cases Cited (7)
- A Cab, LLC v. Murray, 137 Nev., Adv. Op. 84, P.3d (2021)(cited)
- Bowler v. Leonard, 70 Nev. 370, 383, 269 P.2d 833, 839 (1954)(cited)
- Weddell v. H2O, Inc., 128 Nev. 94, 101, 271 P.3d 743, 748 (2012)(cited)
- Murray v. A Cab Taxi Service LLC, No. 81641, 2020 WL 6585946, at *2 (Nev. Nov. 9, 2020) (Order Dismissing Appeal)(cited)
- Sicor, Inc. v. Sacks, 127 Nev. 896, 903, 266 P.3d 618, 623 (2011)(cited)
- Stoecklein v. Johnson Elec., Inc., 109 Nev. 268, 271, 849 P.2d 305, 308 (1993)(cited)
- Ryan's Express Transp. Servs., Inc. v. Amador Stage Lines, Inc., 128 Nev. 289, 299, 279 P.3d 166, 172 (2012)(cited)
Cited In (0)
No citing cases on record yet.
Court Document
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