Anna Dreibelbis

Document Type

Case Summary

Publication Date

10-28-2021

Case Synopsis

This is an appeal from a personal injury matter that resulted in a post-judgment district court order that awarded attorney fees and costs, and directed that the award payment come from settlement funds of the codefendant. The appeal was originally resolved in an unpublished order, but the appellant filed a motion to publish the order as an opinion, and the Nevada Court of Appeals granted the motion. The district court ordered that the award would come from settlement funds of codefendant Desert Medical Equipment and that they would be obligated to pay Harrison based on their settlement agreement. However, the court’s offset guaranteed that Luxor would receive its attorney fees and costs before Harrison received settlement funds from Desert Medical. The Nevada Court of Appeals considered whether the district court erred in offsetting Harrison’s settlement funds from a Desert Medical Equipment in order to first satisfy Luxor’s judgment for attorney fees and costs. The Nevada Court of Appeals concluded that the district court erred, and they reverse and remanded. Additionally, Harrison challenged the fees award, which this Court affirmed.

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