Sw. Desert Equities, LLC v. Builder's Capital, Inc. C/W 65225 ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
JOHN A. RITTER, No. 65225
Appellant,
vs.
BUILDER'S CAPITAL, INC., A
NEVADA CORPORATION,
Respondent.
SOUTHWEST DESERT EQUITIES, No. 66268
LLC, A NEVADA CORPORATION,
Appellant,
vs.
BUILDER'S CAPITAL, INC., A
NEVADA CORPORATION,
FILED
Respondent. JAN I 4 2016
_ TRACIE Kplart■IDEMAN
BCYLEREgF EmE COURT
DEPUTY CLERK
ORDER OF AFFIRMANCE
These are consolidated appeals from a district court final
judgment in a breach of guaranty action (Docket No. 65225) and a district
court final judgment in a breach of contract action (Docket No. 66268).
Eighth Judicial District Court, Clark County; Jessie Elizabeth Walsh and
Mark R. Denton, Judges.
Having considered the parties' arguments and the record, we
conclude that the reassignments that respondent executed to the members
of the Lender's Group were effective to achieve the purpose of NRCP 17(a).
See generally Easton Bus. Opportunities v. Town Exec. Suites, 126 Nev.
119, 125-27, 230 P.M 827, 831-32 (2010) (observing, among other things,
that the purpose of NRCP 17(a) "is simply to protect the defendant against
SUPREME COURT
OF
NEVADA
(0) 1947A me
a subsequent action by the party actually entitled to recover" (quotation
omitted)). Accordingly, we
ORDER the judgments of the district court AFFIRMED. 1
/1.Afreu;
Hard sty i
J.
Saitta
Pickering
Pidepit t'ue ,
cc: Hon. Jessie Elizabeth Walsh, District Judge
Hon. Mark R. Denton, District Judge
Robert F. Saint-Aubin, Settlement Judge
Reid Rubinstein Bogatz
Techlaw LLP
Marquis Aurbach Coffing
Eighth District Court Clerk
1 Becauseappellants have indicated that they "choose to abandon the
appeal of the Subordination Agreement-related issues," we necessarily
affirm the judgment against Southwest Desert Equities in Docket No.
66268 and the dismissal of John Ritter's counterclaims in Docket No.
65225.
SUPREME COURT
OF
NEVADA 2
(0) 1947A cilarja>