Bowman Lair, LLC v. Wells Fargo Bank, N.A. ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
BOWMAN LAIR, LLC, No. 68581
Appellant,
VS.
WELLS FARGO BANK, N.A., FILED
Respondent.
JUN 17 2 016
ORDER VACATING AND REMANDING
This is an appeal from a district court order granting a motion
to dismiss in a quiet title action. Eighth Judicial District Court, Clark
County; Carolyn Ellsworth, Judge.
Having considered the parties' arguments, we conclude that
dismissal of the underlying matter based on issue preclusion was improper
because the April 22, 2013, order in a previous case did not accurately
reflect that judge's reasoning.' In particular, the record demonstrates that
the judge who entered the April 2013 order orally indicated she did not
intend to dismiss the previous case on its merits, but only based on
appellant's pending bankruptcy petition. Thus, the issue of whether Wells
Fargo's deed of trust was extinguished by Butler Estates' foreclosure sale
was not actually and necessarily litigated in the previous case. See Five
Star Capital Corp. v. Ruby, 124 Nev. 1048, 1055, 194 P.3d 709, 713 (2008)
(setting forth the elements of issue preclusion). Because dismissal of the
'The April 2013 order in the previous case was entered by then-
District Judge Abbi Silver. District Judge Carolyn Ellsworth presided
over the underlying matter.
SUPREME COURT
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underlying matter based on issue preclusion was improper, and because
the district court in the underlying matter did not address the parties'
remaining arguments, we
ORDER the judgment of the district court VACATED AND
REMAND this matter to the district court for proceedings consistent with
this order.
flx;
Douglas
cc: Hon. Carolyn Ellsworth, District Judge
Law Offices of Michael F. Bohn, Ltd.
Snell & Wilmer, LLP/Tucson
Snell & Wilmer, LLP/Las Vegas
Eighth District Court Clerk
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