Strategies, Challenges, and Answers

The Nevada Supreme Court Sees Its 80,000th Case!

The Nevada Supreme Court has announced that it has accepted its 80,000th case.  The case is Patel v. Patel, a civil appeal from the Eighth Judicial District Family Court.

Nevada was granted statehood on October 31, 1864.  The Civil War was underway and would not end until April 9, 1865.  Thus the Nevada flag bears the motto “Battle Born”.

The earliest reported opinion from the Nevada Supreme Court that I can find is dated January 1, 1865 and is styled Davis v. Thompson,1 Nev. 17, 1865 Nev. LEXIS 1   (1865).  The case arises out of Lander County.  For those of you who don’t remember, the county seat is Battle Mountain.  The 2010 census showed the Lander county population at 5,775.  Census Quick Facts. Compare that to the 1860 Nevada population of 6,857

In that earliest reported opinion, the Lander County Recorder had alleged that when he arrived on the job, he found that the outgoing Recorder had accepted a number of documents that all needed to be recorded but the work had not been done.  The evidence showed that the outgoing Recorder had received a pre-payment of the recording fees before he left.  While the unrecorded documents could be found, the prepaid fees could not.

The incoming Recorder sued the outgoing recorder for the fees because he had to do the work of recording the document. The outgoing Recorder argued that he had no contract with the incoming Recorder and so the court could not obligate him to pay those fees.

The Territorial Trial Court agreed that the incoming Recorder had to record the documents but that outgoing Recorder had no duty to pay the fees.  But the Supreme Court reversed that decision.  The Supreme Court agreed that it was the duty of the incoming Recorder to complete the work that the outgoing recorder had not done.  However, the Nevada Supreme Court said the law allowed for an implied agreement to exist between the outgoing Recorder to pay the incoming Recorder for doing the work that he should have done.  The case was remanded for a new trial.

The Nevada Supreme Court is reaching these landmark filing numbers faster and faster.

Case No.                   Year Reached         Interim Years

10,000                         1977                                 113 years

40,000                         2007                               30 years

60,000                         2012                                Five years

70,000                         2016                                Four years

80,000                         2019                                Three years

If the trend continues, the 100,000th filing is about four years away.  Lucky for the Court it now has a bit of a relief valve with the Nevada Court of Appeals, Nevada’s push down intermediate Court. Good luck to the Nevada Supreme Court with its next landmark filing.

If you have any questions about Nevada Insurance Law, Nevada Trucking Law or Nevada Bad Faith and Coverage Law, please contact Mike Mills at Bauman Loewe Witt & Maxwell.  He can be reached at 702.240.6060×114.  You can also email him at mmills@blwmlawfirm.com.

 

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