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480 P.3d 267

Zabib Vs. Schulte

Nevada Supreme Court

Decided February 16, 2021

Nevada Supreme Court · decided 2021-02-16

Relies on Edwards v. Emperor's Garden Restaurant · Cook v. Cook · Holiday Inn Downtown v. Barnett

Decided 2021-02-16

       IN THE SUPREME COURT OF THE STATE OF NEVADA


ELI ZABIB, AN INDIVIDUAL,                                 No. 80174
Appellant,
vs.
MELANI SCHULTE, AN INDIVIDUAL;
THRIVE PROPERTY MANAGEMENT &                              FILED
INVESTMENTS, INC., A NEVADA
CORPORATION; AND KE ALOHA                                 FEB 1 6 202
HOLDINGS, LLC, A NEVADA LIMITED                                                RT
LIABILITY COMPANY,                                   BY
                                                           HIEF DEPUTY CLERK
Res • ondents.

                       ORDER OF AFFIRMANCE
            This is a pro se appeal from an order denying a motion to set
aside a default judgment and denying a first claim of exemption. Eighth
Judicial District Court, Clark County; Elizabeth Goff Gonzalez, Judge.
            Appellant failed to file an answer to the underlying complaint
and default judgments were entered against him. A year after the
judgments were entered, he filed a motion to set aside the default, which
was denied. On appeal, he fails to present any argument as to how the
district court abused its discretion in denying the motion to set aside the
default.2 See Cook v. Cook, 
112 Nev. 179, 181-82
, 
912 P.2d 264, 265
 (1996)
(providing that this court will not overturn a district court's denial of a


       'Pursuant to NRAP 34(f)(3), we have determined that oral argument
is not warranted in this appeal.

      2To the extent appellant challenges the underlying merits of the
judgments, because he did not timely appeal the judgments, we cannot
consider those arguments. See Holiday Inn Downtown v. Barnett, 
103 Nev. 60, 63
, 
732 P.2d 1376, 1379
 (1987) (explaining that this court lacks
jurisdiction to consider challenges raised regarding an order from which the
party did not timely appeal).



                                                             II- 041411
motion to set aside a judgment absent an abuse of discretion). He also fails
to present any argument regarding the district court's denial of his clairn of
exemption. Absent any cogent argument, we need not consider appellant's
claims. Edwards v. Emperor's Garden Rest., 
122 Nev. 317
, 330 n. 38, 
130 P.3d 1280
, 1288 n. 38 (2006) (explaining that this court need not consider
claims that are not cogently argued). Accordingly, we
            ORDER the judgment of the district court AFFIRIVIED.



                                                                          , J.
                                             Cadish



                                                      AO& u f             , J.
                                             Pickering


                                                                           J.
                                             Herndon




cc:   Hon. Elizabeth Goff Gonzalez, District Judge
      Eli Zabib
      Law Office of Amberlea Davis
      Eighth District Court Clerk




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