Before the Court en banc. Per curiam opinion.
This opinion arises from respondents’ motion to substitute themselves for appellants, as their successors in interest, and to dismiss the appeal. The underlying action involved claims filed by the respondents (plaintiffs in the underlying action) and counterclaims filed by the appellants (defendants in the underlying action). After trial, the district court entered judgment for the respondents and denied any relief to appellants on their counterclaims. The appellants filed an appeal, but lacked sufficient resources to post a supersedeas bond or obtain a stay. Following trial, the respondents executed on the judgment and ostensibly acquired the appellants’ claims and defenses in the underlying action at a judgment execution sale. Thereafter, the respondents filed a motion seeking to substitute themselves as the successors in interest to appellants along with a motion to dismiss the appeal. In denying the motion to substitute and dismiss in its entirety, the Court clarified that although the “claims” held by appellants could be viewed as “personal property” pursuant to NRS 10.045 and therefore executed upon by the respondents in enforcement of the judgment pursuant to NRS 21.010 and Gallegos v. Malco Enterprises of NV, 127 Nev. ___, ____, 255 P.3d 1287, 1289 (2011); however, the “defenses” held by appellants were not similarly assignable. Because appellants had waived any “claims” by failing to raise those arguments on appeal, the only issues remaining on appeal were “defenses”, which respondents could not acquire and could not dismiss. Motion denied. (David Stoft, Associate in the Las Vegas office of McDonald Carano Wilson.)
