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← 501 P.3d 458 - Byrd v. Byrd

Byrd v. Byrd’s Empirical Analysis

2021

Citation profile

2
cited by 2 later decisions
1
states following
June 2022
most recently cited

1 state decisions

Relationships

Applies 10 U.S.C. § 1408 · 38 U.S.C. § 5305

Relies on Klapprott v. United States · Mansell v. Mansell · Buck v. Davis · AA PRIMO BUILDERS, LLC v. Washington · Shelton v. Shelton

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “any other reason justifying relief provision is mutually exclusive with the provisions outlined in NRCP 60(b)(1)-(5). Importantly, NRCP 60(b)(6) may not be used as a subterfuge to circumvent the time limits that apply to a request for relief based on NRCP 60(b)(1). Accordingly, we conclude that the district court abused its discretion when granting JMI relief, and we reverse the district court's order and remand this matter for proceedings consistent with this opinion. Herndon We concur: Hardesty Ale.Q5CA-S9 , J. Stiglich SUPREME COURT OF NEVADA 10 138 Nev., Advance Opinion 3g IN THE SUPREME COURT OF THE STATE OF NEVADA MAX VARGAS, INDIVIDUALLY, No. 82218 Appellant, vs. FILE J MORALES INC., Respondent. Appeal from a district court order setting aside a default judgment pursuant to NRCP 60(b)(1) and (6). Eighth Judicial District Court, Clark County; Rob Bare, Judge. Reversed and remanded. Peralta Law Group and Oscar Peralta, Las Vegas, for Appellant. Lewis Roca Rothgerber Christie LLP and Ogonna M. Brown and Adrienne R. Brantley-Lomeli, Las Vegas, for Respondent. BEFORE THE SUPREME COURT, HARDESTY, STIGLICH, and HERNDON, JJ. OPINION By the Court, HERNDON, J.: NRCP 60(b) provides various grounds for relief from a final judgment, including mistake or excusable neglect, see NRCP 60(b)(1), newly discovered evidence, see NRCP 60(b)(2), fraud, see NRCP 60(b)(3), or "any other reason that justifies relief,”
    1 later decision quote this exact passage
  2. “fflederal cases interpreting the Federal Rules of Civil Procedure are strong persuasive authority, because the Nevada Rules of Civil Procedure are based in large part upon their federal counterparts”
    1 later decision quote this exact passage
  3. “mistake, inadvertence, surprise, or excusable neglect.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.