IN THE SUPREME COURT OF THE STATE OF NEVADA
SAXTON INCORPORATED, A NEVADA CORPORATION; Case No.: 36412
AND LAKE TONOPAH
LIMITED PARTNERSHIP, A NEVADA LIMITED
PARTNERSHIP,
Appellants,
vs.
VOA NATIONAL HOUSING CORPORATION, A
LOUISIANA NOT-FOR-PROFIT CORPORATION,
Respondent.
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ORDER GRANTING STAY AND LIMITED
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REMAND FOR DETERMINATION OF BOND AMOUNT
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This is an appeal from a district court order clarifying the rights of
the parties with respect to a prior judgement. Appellants have filed a motion
for a stay of the district court's order pending appeal. Respondent opposes the
motion. (1)
In determining whether to grant a stay pending appeal, this court
generally considers the following four factors:
(1) Whether the object of an appeal will be defeated if the stay is denied;
(2) Whether appellant will suffer irreparable or serious injury if the stay
is denied;
(3) Whether respondent will suffer irreparable or serious injury if the
stay granted; and
(4) Whether appellant is likely to prevail on the merits in an appeal.
See NRAP 8 ( c). After considering the motion, the opposition, and the reply,
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we conclude that a stay is warranted in these circumstances, subject to
appellants' posting of a bond. See NRAP 8 (b). We hereby grant the motion for
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a stay of the district court's July 11, 2000, order in case number A389300, on
the condition that appellants file a bond in the district court. Appellants
assert that they are willing to post a bond in the amount of $1,000,000.
Respondent requests that appellants be required to post a bond in the amount of
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(1) We grant appellants' motion to file a reply. The clerk of this court shall
file the reply provisionally received on July 20, 2000.
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$1,506,000. This court is not in a position to determine the appropriate amount
of the bond, as the amount is disputed. See, e.g., Round Hill Gen.Imp. Dist. v.
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Newman, 97 Nev- 601, 604, 637 P.2d 534, 536 (1981) (noting that "an appellate
court is not an appropriate forum in which to resolve disputed questions of
fact"). Accordingly, we remand this matter to the district court for the
limited purpose of determining the appropriate amount of the bond. The district
court shall determine the bond amount within twenty (20) days from the date of
this order. Appellants shall have twenty (20) days from the date of the
district court's order setting the amount of the bond within which to post the
bond and submit proof to the clerk of this court that the bond has been posted.
We caution appellants that failure to comply with the bond condition will result
in this court's vacation of the stay.
It is so ORDERED.
------------------------ , J.
Shearing
------------------------ , J.
Leavitt
------------------------ , J.
Becker
cc: Hon. Valorie Vega, District Judge
Brice Buehler, Settlement Judge
Kolesar & Leatham, Chtd.
Beckley Singleton Jemison Cobeaga & List
Clark County Clerk
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