- Quickdraw McLaw
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- The TRO on CCSD reassigning deans is extended until a hearing that takes place after school starts. [KTNV]
- Audit warns of potential fraud on the state’s Petroleum Fund. [TNI]
- A man facing life in prison (and slightly connected to the Gamages) could be out within a year. [RJ]
- The Supreme Court issued five new published opinions last week. Anyone excited about anything in them?
The NVSC decision in Boesiger v Desert Appraisals LLC (NVSC case 75198) is an interesting read. The appraiser stated in his appraisal that the assessor had the wrong square footage due to the garage previously being an office for the model home (listing it at 3,553 sqft instead of actual 3,003 sq ft) so the appraiser based his appraisal on the actual livable square footage of the house instead of the appraiser's numbers correcting for that assessor error. The buyers tried refinancing later but the house's value didn't support the lender's refinancing value needs so the owners sued the appraiser for professional negligence in appraising their house based on wrong numbers from the appraiser's office (the garage/office was ~550 sqft.) Plaintiffs/Appellants withdrew their expert in the district court case and didn't replace him so there was no expert to opine about the standard of care for an appraiser. That was one fatal flaw in the case, not the only one of course.
How the hell did the Plaintiffs'/Appellants' attorney miss that gem? The attorney literally filed the lawsuit alleging the appraiser did something that the appraisal report specifically stated, patently, that the additional space had been removed from the appraiser's calculations to determine the value of the house.
I'm thinking the Plaintiffs/Appellants now have a claim of professional negligence against their attorney for wasting their money fighting for a claim that clearly the appraiser specifically stated he had adjusted the value of the house to compensate down for the assessor's incorrect information. I'm thinking the attorney appealed to try to delay a malpractice claim.
It seems like the Court used this case to nudge District Court Judges to get a little more aggressive in granting MSJ's. I anticipate this opinion will be quoted frequently in motion work going forward. I am certain I will use it in future MSJ's.
So the question of the hour: who was Plaintiff's counsel? (Yes I know I could look it up….)
It just seems like a horrible case all around. The home still appraised higher than the purchase price. So, what exactly was their claim even for? The appraisers didn't misrepresent anything. Maybe the seller did. Or, hey, they should sue the County Assessor and see how far that gets them.
@9:34a here – re @10:32a – the part that I want to try to work in a cite is "Courts should not hesitate to discourage meritless litigation in instances where, as here, claims are deficient of evidentiary support and are based on little more than the complainants' conclusory allegations and accusations." That's gold right there (and I'm usually on the Plaintiff's side [not PI here])
Winterton
@9:34 / 12:45 PM.
10:32 here.
I read your comment in the voice of Kenny Bania. Thank you for making my day.
I'm soon filing a couple MSJ citing this case. Justice delayed is justice denied. MSJ headshots crappy cases.
I want to thank anyone and any website that hold judges accountable for their decisions. My client's case is being featured by a third party.
I'm not a fan of the RJ but I'm happy to hear they are bringing back the "Judging the Judges" poll. I also heard they'll be reporting on how many vacation days each judge takes and time on versus off the bench. That'll be eye-opening for sure. Even if the general public doesn't pay much attention to the results, it'll bring me great satisfaction to see them held accountable by at least someone for not doing their job. I know one judge that was off the bench vacationing most of June and so far all of July. It's disgusting.
I have been dealing with slime today, so I need to shower.
Cool story bro.