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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Precedential Status: Non-Precedential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