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Case Information: 87975-COA
Short Caption:SMITH VS. PAUSTIAN C/W 86961Court:Court of Appeals
Consolidated:86961-COA*, 87975-COARelated Case(s):86961, 86961-COA, 87975
Lower Court Case(s):Clark Co. - Eighth Judicial District - A751936Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:01/28/2025How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/11/2024Case Status UpdateTransferred from Supreme Court (COA).
10/28/2024Order/ProceduralFiled Notice of Voluntary Disclosure for Judge Bulla. (COA)24-40646
12/11/2024Order/ProceduralFiled Order Consolidating Cases and Scheduling Oral Argument. These cases involve an appeal from a judgment on a jury verdict (Docket No. 86961-COA) and an appeal from a postjudgment order awarding attorney fees, costs, and interests (Docket No. 87975-COA) in a torts matter. As these appeals involve the same district court case and issues arising therefrom and the same parties, we conclude that their consolidation is warranted. Accordingly, these cases are hereby consolidated. Further, this court has determined that oral argument may be of assistance in resolving these matters. Accordingly, these matters are scheduled for oral argument on January 28, 2025, at 2:00 p.m. in Las Vegas. The argument shall be limited to 30 minutes. Nos. 86961/87975 (COA)24-47466
01/28/2025Case Status UpdateOral argument held this day. Case submitted for decision before the Court of Appeals. Nos. 86961/87975.(COA)
03/21/2025Order/DispositionalFiled Order Dismissing Appeal (Docket No. 86961-COA) and Affirming in Part, Reversing in Part, and Remanding (Docket No. 87975-COA). As we are unable to grant any relief that would change the outcome of the underlying case in Docket No. 86961-COA due to Paustian's death, we order the appeal in Docket No. 86961-COA dismissed. Docket No. 87975-COA, we reverse the order resolving the parties' motions for interest and we remand for the district court to calculate Smith's pre-offer prejudgment interest in accordance with this order. We conclude that the district court correctly calculated Paustian's post-offer prejudgment interest for the entire period between the time of the offer and the time of the entry of judgment, and we therefore affirm that portion of the post-judgment order resolving the parties' motions for interest. Westbrook, J., concurring. Nos. 86961/87975 COA-BB/MG/DW25-12938
04/11/2025Case Status UpdateTransferred to Supreme Court. Nos. 86961/87975.(COA)
04/11/2025Case Status UpdateCase Closed. Nos. 86961/87975.(COA)