LAND VIEW LLC CALIFORNIA LIMITED LIABILITY COMPANY v. CITIMORTGAGE INC NEW YORK CORPORATION (2025)

ORDER DISMISSING APPEAL

This is an appeal from a district court order vacating a preliminary injunction. Appellant has filed a motion to dismiss this appeal as moot because the district court has now entered an order dismissing the underlying case in its entirety, with prejudice. Appellant seeks a dismissal order directing that each party bear its own fees and costs. Respondent agrees that the appeal is moot but objects to the request that each party bear its own fees and costs.

As the parties agree this appeal is moot, the motion to dismiss is granted. This appeal is dismissed. NRAP 42. This dismissal is without prejudice to respondent's ability to seek fees and costs, if deemed warranted. See Breeden v. Eighth Jud. Dist. Ct., 131 Nev. 96, 98–99, 343 P.3d 1242, 1243–44 (2015) (the voluntary dismissal of an appeal does not bar the award of costs under NRAP 39, or of attorney fees under NRAP 38, if the appeal is frivolous).

It is so ORDERED.¹

Parraguirre, J.

Bell, J.

Stiglich, J.

FOOTNOTES

1.   Given this dismissal, no action will be taken on appellant's motion to stay briefing pending a decision on the motion to voluntarily dismiss or, alternatively for an extension of time to file the opening brief.