LAND VIEW LLC v. CITIMORTGAGE INC (2025)

ORDER DISMISSING APPEAL

This is an appeal of a district court order dismissing appellant's amended complaint and expunging the lis pendens. On October 2, 2025, appellant filed a motion to dismiss this appeal as moot because respondent “has since recorded a recission of the 2023 [notice of default].” Appellant seeks a dismissal order directing each party to bear its own fees and costs. Respondent agrees this appeal should be dismissed, but objects to the request that each party bear its own fees and costs.

As the parties agree this appeal should be dismissed, 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 the decision on the motion to dismiss or, alternatively, for an extension of time to file the opening brief.