Schimmoeller v. US Bank National Assoc. ( 2013 )


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  •             Having considered the parties' arguments and the record on
    appeal, we conclude that the district court was within its discretion to
    deny appellant's request for injunctive relief.   See id. (reviewing a district
    court's decision to grant or deny a preliminary injunction for an abuse of
    discretion). Namely, although appellant argues that she has a right to sell
    her property, she has not explained why monetary damages would be
    inadequate to compensate her for a violation of this professed right.'
    Accordingly, the district court was within its discretion to deny appellant's
    request for injunctive relief, and we
    ORDER the judgment of the district court AFFIRMED. 2
    Gibbons
    Douglas
    'Although appellant suggests in her reply brief that a foreclosure
    sale will cause her irreparable harm by damaging her credit, this point
    was not raised in district court, and it therefore has no bearing on our
    consideration of whether the district court properly exercised its
    discretion. Univ. & Cmty. Coll. Sys. of Nev. v. Nevadans for Sound Gov't,
    
    120 Nev. 712
    , 721, 
    100 P.3d 179
    , 187 (2004) ("Review on appeal is limited
    to the record. ."); Old Aztec Mine, Inc. v. Brown, 
    97 Nev. 49
    , 52, 
    623 P.2d 981
    , 983 (1981) ("A point not urged in the trial court. . . is deemed to
    have been waived and will not be considered on appeal.").
    2 In light of our disposition, we decline to address respondent's
    alternative arguments in support of affirmance. Likewise, the stay
    imposed by our April 3, 2012, order is hereby vacated.
    2
    cc:   Hon. Michael Villani, District Judge
    Law Offices of Michael F. Bohn, Ltd.
    Tiffany & Bosco, P. A.
    Eighth District Court Clerk
    

Document Info

Docket Number: 59604

Filed Date: 9/20/2013

Precedential Status: Non-Precedential

Modified Date: 10/30/2014