"The Motion was unnecessary": fees awarded against him under NRS 18.010(2)(b), January 2015*

Order Denying Motion for Supplementary Proceeding in the Aid of Execution; Order Granting Attorney's Fees, Judge Robb, No. FV08-03200, January 26, 2015 (NSC No. 69341, Record on Appeal Vol. 13, pp. 139-140) PDF: No. 69341, pp. 138-141

"NRS 21.270(1)(a) presupposes that there is an actual need for this information. In the present case, the November 4, 2014, Order was not entered until December 8, 2014. Mr. Falconi's Motion for Supplementary Proceedings in the Aid of Execution was filed on December 12, 2014. Mr. Falconi did not even permit [the other parent] a week after the Order was entered to make her $50.00 payment on the judgment as ordered. Moreover, the Court established a payment schedule which is subject to enforcement if necessary. The Motion was unnecessary and [the other parent] was forced to respond."

Order Denying Motion for Supplementary Proceeding in the Aid of Execution; Order Granting Attorney's Fees, Judge Robb, No. FV08-03200, January 26, 2015 (NSC No. 69341, Record on Appeal Vol. 13, pp. 139-140) PDF: No. 69341, pp. 138-141

"[the other parent]'s request for attorney's fees is GRANTED pursuant to NRS 18.010(2)(b)."

Order Denying Motion for Supplementary Proceeding in the Aid of Execution; Order Granting Attorney's Fees, Judge Robb, No. FV08-03200, January 26, 2015 (NSC No. 69341, Record on Appeal Vol. 13, pp. 139-140) PDF: No. 69341, pp. 138-141

"[the other parent] is awarded $1,715.64 in attorney's fees and costs."

Order Following June 29, 2015 Hearing, November 13, 2015 (Vol. 15, p. 166) PDF: No. 69341, pp. 165-168
Context. NRS 18.010(2)(b) is the statute that allows fees when a claim "was brought or maintained without reasonable ground or to harass the prevailing party."

* The award was reversed on appeal (Order of Reversal and Remand, Court of Appeals, No. 69341, March 13, 2017) and vacated by the district court on June 23, 2017.

All findings

Documents cited on this page

Served copies carry the cited pages, with the minor child's name, the other parent's name, dates of birth and all addresses, phone numbers and email addresses blacked out; nothing else is altered. The complete filings are on the dockets listed under Sources and can be ordered from the Clerk.

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