WILLIAM ZEDDIES AND CHRISTINA ZEDDIES HUSBAND AND WIFE v. THE CROSSING HOMEOWNERS ASSOCIATION INC NEVADA NONPROFIT CORPORATION (2024)

ORDER DISMISSING APPEAL

This is an appeal from a district court order granting a permanent injunction in a suit alleging breach of CC&Rs and nuisance. Appellants’ original opening brief was rejected on July 12, 2024, because it did not comply with former NRAP 32(a)(4)’s requirements. Nevertheless, respondent moved to strike the original opening brief, to dismiss the appeal, and for sanctions. When appellants moved to file a late conforming opening brief, the motion to strike was denied, and the opening brief was permissibly filed on August 8.

Respondent has now filed a second motion, seeking to strike the August 8 opening brief, to dismiss this appeal, and for monetary sanctions. Respondent asserts that appellants’ opening brief fails to present a comprehensible argument supported by the proper standard of review and fails to otherwise comply with the NRAP,¹ in that it contains an inaccurate table of authorities, NRAP 28(a)(3); does not include a proper NRAP 28(a)(4) jurisdictional statement; presents a nearly incomprehensible statement of facts, many of which are not relevant, not facts, and not appropriately supported by a citation to the record, NRAP 28(a)(8); omits a summary of the argument, NRAP 28(a)(9); and fails to clearly present arguments against the district court's order and support therefor in the argument section, NRAP 28(a)(10)(A). Respondent also complains that the opening brief fails to comply with NRAP 32(a)(5)’s typeface requirements, the NRAP 28.2 certification is not accurate, and the appendices do not comply with NRAP 30. Appellants have not filed any response to the motion.

Having reviewed the motion, August 8 opening brief, and appendices, and having determined that appellants’ brief and appendices violate several of the provisions mentioned above, respondent's unopposed motion is granted. See Huckabay Props. v. NC Auto Parts, 130 Nev. 196, 322 P.3d 429 (2014) (dismissing appeal for failure to comply with court rules); Varnum v. Grady, 90 Nev. 374, 528 P.2d 1027 (1974) (same). The clerk of this court is directed to strike appellants’ opening brief and appendices, and consequently, this appeal is hereby dismissed. Appellants shall pay respondents $500 toward their attorney fees and costs in having to respond to the deficient opening brief and appendix and shall provide this court with proof of the sanction's payment within 30 days from this order's date.

It is so ORDERED.

Herndon, J.

Lee, J.

Bell, J.

FOOTNOTES

1.   As the subject brief was filed before the 2024 amendments to the NRAP took effect on August 15, 2024, the pre-amendment NRAP provisions apply to this matter.