Breeden v. District Court
Annotate this CaseAn attorney and his law firm (collectively, Attorney) filed a petition for extraordinary writ relief challenging a district court order adjudicating attorney liens and distributing settlement funds in a personal injury action. Attorney’s former client (Client) was the real party in interest. Attorney had also filed a separate contract action against Client and others seeking to enforce an alleged fee-sharing agreement. After Attorney received Client’s answer, it decided to pursue the contract action rather than writ relief and filed a motion to dismiss the writ petition. Client opposed the motion, asking that if the Supreme Court did not resolve the petition on the merits, it require Attorney to pay her costs and attorney fees. The Supreme Court granted Attorney’s motion to dismiss without requiring, as a condition of the dismissal, payment of Client’s attorney fees, holding that Nev. R. App. P. 42(b) does not authorize the routine imposition of attorney fees on a party who seeks to voluntarily dismiss a nonfrivolous writ petition after an answer has been filed.
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