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475 P.3d 770

De Hines Vs. Rels Valuation

Nevada Supreme Court

Decided November 13, 2020

Nevada Supreme Court · decided 2020-11-13

Relies on Ozawa v. Vision Airlines, Inc. · In re the Disciplinary Proceedings Against Becker · Boesiger v. Desert Appraisals, LLC

Decided 2020-11-13

                        IN THE SUPREME COURT OF THE STATE OF NEVADA


                 ISELLA C. GOMEZ DE HINES,                               No. 79816
                 Appellant,
                 vs.
                 RELS VALUATION; AND TIFFANY
                 DIAZ D/B/A TMD APPRAISALS,                              FILED
                 Res • ondents.
                                                                          NOV 1 3 2020
                                                                                  BP.OT.IN
                                                                                REME COURT




                                         ORDER OF AFFIRMANCE
                             This is an appeal from a district court final judgment following
                 a bench trial in a tort action. Eighth Judicial District Court, Clark County;
                 Gloria Sturman, Judge.'
                             In Boesiger v. Desert Appraisals LLC, 
135 Nev. 192
, 197, 
444 P.3d 436, 441
 (2019), we held that a homeowner is not an intended third-party beneficiary to an appraisal conducted for a lender. Consistent with
                 Boesiger, the district court correctly determined that a substantively
                 identical inspection and appraisal in this case did not confer third-party




                        'Pursuant to NRAP 34(f)(1), we have determined that oral argument
                 is not warranted in this appeal.




SUPREME COURT
     OF
   NEVADA


  t 947A 46109                                                           20 — c1Çf,TO
                   beneficiary status on appellant. Accordingly, the district court correctly
                   granted respondents NRCP 52(c) motion.2 We therefore
                               ORDER the judgment of the district court AFFIRMED.



                                                              .12‘"statel                   , J.
                                                               Parraguirre


                                                                   / ACT-A                  , J.
                                                               Hardesty


                                                                                            , J.
                                                               Cadish




                   cc:   Hon. Gloria Sturman, District Judge
                         Carolyn Worrell, Settlement Judge
                         Crosby & Fox, LLC
                         Wright, Finlay & Zak, LLP/Las Vegas
                         Eighth District Court Clerk




                         2Appellant does not dispute respondents' contention that resolution of
                   this issue is dispositive of the other issues raised on appeal, including
                   whether expert testimony was necessary to establish respondents' standard
                   of care regarding the inspection. We therefore decline to address that issue.
                   See First Nat'l Bank of Neu. v. Ron Rudin Realty Co., 
97 Nev. 20, 24
, 
623 P.2d 558, 560
 (1981) (declining to reach a subsequent issue when a primary
                   issue is dispositive); see also Ozawa v. Vision Airlines, Inc., 
125 Nev. 556, 563
, 
216 P.3d 788, 793
 (2009) (treating a party's failure to respond to an
                   argument as a concession that the argument is meritorious).



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