Opinion
No. 81054
04-16-2021
NATIONSTAR MORTGAGE LLC, Appellant, v. LAS VEGAS RENTAL & REPAIR, LLC SERIES 63, A NEVADA LIMITED LIABILITY COMPANY, Respondent.
ORDER OF AFFIRMANCE
This is an appeal from a postjudgment order denying a request for attorney fees. Eighth Judicial District Court, Clark County; David M. Jones, Judge.
Pursuant to NRAP 34(f)(1), we have determined that oral argument is not warranted in this appeal.
We are not persuaded that the district court abused its discretion in declining to award appellant attorney fees. See Watson Rounds, P.C. v. Eighth Judicial Dist. Court, 131 Nev. 783, 787, 358 P.3d 228, 231 (2015) (reviewing a district court's decision whether to award attorney fees for an abuse of discretion). In particular, the district court was within its discretion in determining that the amount of appellant's offer of judgment was unreasonably low and that respondent did not reject it in bad faith in light of the offer being made before this court issued its decision in Daisy Trust v. Wells Fargo Bank, N.A., 135 Nev. 230, 445 P.3d 846 (2019). See Beattie v. Thomas, 99 Nev. 579, 588-89, 668 P.2d 268, 274 (1983) (listing factors the district court should consider when evaluating whether an award of attorney fees under NRCP 68(f) is warranted). Relatedly, the district court was within its discretion in determining that the amount of the offer was unreasonably low in light of the offer having been made shortly after the district court declined to grant appellant's summary judgment motion due to perceived deficiencies in appellant's evidence, which appellant never cured, and with respect to which respondent raised colorable arguments that the evidence in the underlying case was distinguishable from Daisy Trust. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, J.
Cadish /s/_________, J.
Pickering /s/_________, J.
Herndon cc: Hon. David M. Jones, District Judge
Akerman LLP/Las Vegas
Clark Newberry Law Firm
Eighth District Court Clerk