Barbara Ann Hollier Trust v. Shack
Annotate this CasePlaintiffs filed a complaint against Defendants alleging breach of contract and breach of the implied covenant of good faith and fair dealing. Defendants counterclaimed for breach of contract, intentional misrepresentation, and abuse of process. After a second jury trial, the jury returned a verdict for damages on Plaintiffs’ claims. Defendants appealed from the denial of a variety of motions and an award of costs and attorney fees to Plaintiffs. The Supreme Court affirmed in part and reversed in part, holding (1) the filing of a post-judgment motion that tolls the time to appeal also tolls Nev. R. Civ. P. 54(d)(2)(B)’s twenty-day deadline to move for attorney fees; (2) the district court erred in finding that the $100,000 offset in Defendants’ favor from the first trial was extinguished by this Court’s previous order of reversal and remand; (3) the district court erred in finding that all Defendants, rather than just a real estate agency, were liable for attorney fees; and (4) the district court’s judgment is otherwise affirmed.
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