SFR INVESTMENTS POOL LLC v. JPMORGAN CHASE BANK NATIONAL ASSOCIATION (2022)

ORDER OF AFFIRMANCE

In a previous appeal, we reversed the district court's summary judgment in favor of appellant and directed the district court to enter judgment in favor of respondent. See JPMorgan Chase Bank, N.A. v. SFR Invs. Pool 1, LLC, 136 Nev. 596, 603, 475 P.3d 52, 58-59 (2020). On remand, the district court complied with this court's mandate. Now in this appeal, appellant contends that another remand is appropriate because it should be able to seek money damages based on the United States Supreme Court's opinion in Collins v. Yellen, 141 S. Ct. 1761 (2021).² We decline appellant's invitation to remand again, as appellant did not raise its Collins-based argument in district court, and we are not persuaded by appellant's explanation for why it was unable to previously make arguments similar to those asserted by the plaintiffs in Collins. See Old Aztec Mine, Inc. v. Brown, 97 Nev. 49, 52, 623 P.2d 981, 983 (1981) (recognizing that this court need not consider arguments raised for the first time on appeal). Accordingly, we

ORDER the judgment of the district court AFFIRMED.³

FOOTNOTES

2.   Collins held that the Housing Economic Recovery Act's for-cause restriction on the President's ability to remove the FHFA's Director violated the separation-of-powers doctrine, but also concluded that the Director still had authority to carry out the functions of the office. 141 S. Ct. at 1788.

3.   The Honorable Mark Gibbons, Senior Justice, participated in the decision of this matter under a general order of assignment.