Christensen v. Young ( 2013 )


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  •                 that the district court construe those third-party claims as counterclaims.
    As a result, appellant has waived this argument, and we will not consider
    it for the first time on appeal. See Old Aztec Mine, Inc. v. Brown,          
    97 Nev. 49
    , 52, 
    623 P.2d 981
    , 983 (1981) (stating that this court will not consider
    an argument raised for the first time on appeal); see also Cuzze v. Univ. &
    Cmty. Coll. Sys. of Nev.,     
    123 Nev. 598
    , 603, 
    172 P.3d 131
    , 135 (2007)
    (providing that appellant has the duty to present a complete record on
    appeal, and this court will presume that matters not in the record support
    the district court's decision).
    Finally, because the district court properly concluded that the
    third-party complaint contained improper direct claims against
    respondents, rather than the required contribution and indemnity claims,
    and correctly dismissed the entirety of the third-party complaint on that
    basis, we need not consider appellant's arguments pertaining to the initial
    dismissals of certain individual causes of action contained in the third-
    party complaint. Accordingly, we
    ORDER the judgment of the district court AFFIRMED."
    Dougla.s
    a r.••••••ss•(
    j
    Saitta
    'We deny respondent D. Kevin DeGraw's request for the imposition
    of sanctions against appellant.
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A
    GIBBONS, J., dissenting:
    I would reverse the district court's decision and remand this
    matter to the district court to determine whether, under the circumstances
    of this case, appellant should be granted leave to amend his third-party
    complaint to present counterclaims against respondents. Accordingly, I
    must respectfully dissent.
    cc:   Hon. Michelle Leavitt, District Judge
    William C. Turner, Settlement Judge
    Christensen Law Offices, LLC
    Cyrus D. Homayouni
    D. Kevin DeGraw
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    (0) 1947A
    

Document Info

Docket Number: 57500

Filed Date: 9/20/2013

Precedential Status: Non-Precedential

Modified Date: 10/30/2014