Parkinson v. Bernstein C/W 61089 ( 2014 )

 litigation practices. Young v. Johnny Ribeiro Bid., Inc., 106 Nev. 88, 92,
787 P.2d 777, 779 (1990). Where the sanction imposed is within the power
of the district court, "this court will not reverse the particular sanctions
imposed absent a showing of abuse of discretion." Id.Having considered the parties' arguments and appendices and
the district court's May 1, 2013, order of dismissal, we conclude that the
district court did not abuse its discretion in dismissing appellant's action.
The record shows that the district court ordered the parties to coordinate a
date to set an evidentiary hearing regarding the witness tampering
allegation, but that appellant instead provided the district court with a
proposed summary order dismissing his claims without requesting any
such hearing. By failing to work to schedule the evidentiary hearing as
directed by the district court, failing to object when the hearing was not
set, and by affirmatively providing the district court with an order of
dismissal before any such hearing was held, we conclude that appellant
waived any right to an evidentiary hearing. See Mahban v. MGM Grand
Hotels, Inc., 100 Nev. 593, 596, 691 P.2d 421, 423 (1984) (concluding that
"[a] waiver may be implied from conduct which evidences an intention to
waive a right, or by conduct which is inconsistent with any other intention
than to waive the right"); see also Hudson v. Horsehoe Club Operating Co.,
112 Nev. 446, 457, 916 P.2d 786, 792 (1996). And because appellant only
challenged the order awarding costs on the basis that it should be reversed
SUPREME COURT
OF
NEVADA
2
(0) 1947A
if the dismissal order was reversed, we conclude that appellant has not
provided any basis for reversing the cost award. See Edwards v.
Emperor's Garden Rest., 122 Nev. 317, 330 n.38, 130 P.3d 1280, 1288 n.38
(2006) (explaining that this court need not consider claims that are not
cogently argued or supported by relevant authority).
Based on the foregoing, we
ORDER the judgment of the district court AFFIRMED. 1
ugg-sc
Hardesty
Douglas
cc: Hon. Jessie Elizabeth Walsh, District Judge
William C. Turner, Settlement Judge
Sterling Law, LLC
Cobeaga Law Firm
Law Office of Martin Stanley
Christensen Law Offices, LLC
Prince & Keating, LLP
Eighth District Court Clerk
'In light of this order, we disapprove and deny the parties'
stipulation and joint motion for confession of error.
SUPREME COURT
OF
NEVADA
3
(0) 1947A aftpa,