IN THE SUPREME COURT OF THE STATE OF NEVADA
JOHN D. HU, ESQ., No. 67906
Appellant,
vs.
HARSCH INVESTMENT PROPERTIES-
FILED
NEVADA, LLC, AN OREGON LIMITED MAR 1 8 2016
LIABILITY COMPANY, QUALIFIED TO
DO BUSINESS IN NEVADA,
Respondent.
ORDER APPROVING STIPULATION IN PART, VACATING
JUDGMENT AND REMANDING
This is a pro se appeal from a district court judgment on an
arbitration award in a contract action. Eighth Judicial District Court,
Clark County; Nancy L. Allf, Judge. We directed respondent to file a
response to appellant's pro se brief and specifically address whether the
district court's order striking appellant's request for a trial de novo under
NAR 22(A) complied with Chamberland u. Labarbera, 110 Nev. 701, 705,
877 P.2d 523, 525 (1994), requiring such orders to be accompanied by
specific written findings of fact and conclusions of law by the district court
describing the type of conduct and how it constituted a failure of good faith
participation.
In response, the parties filed a joint "stipulation to dismiss
appeal and underlying actions" requesting the dismissal with prejudice of
this appeal, the underlying arbitration award and judgment for
respondent, and appellant's underlying counterclaim. The stipulation also
requests that each party bear their own attorney fees and costs and that
respondent refund to appellant his security deposit of $4,366 but no other
funds.
SUPREME COURT
OF
NEVADA
(0) 19()7A (zt#)
-01((c-77
Because a dismissal of this appeal would allow the judgment
on the arbitration award to stand, which is not the intent of the parties'
stipulation, we disapprove of the stipulation to the extent it seeks this
appeal's dismissal and approve it to the extent it seeks to undo the
underlying judgment. Accordingly, we vacate the judgment entered on the
arbitration award and remand this matter to the district court with
instructions to enter an order dismissing the case under the terms of the
parties' stipulation. The parties shall bear their own attorney fees and
costs on appeal. NRAP 42(b).
It is so ORDERED.
T-Lt
Hardesty
Saitta
Poeudn, J.
Pickering
cc: Hon. Nancy L. Allf, District Judge
John D. Hu
Albright Stoddard Warnick & Albright
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
2
(U) P)47A cEattp