Contrail Leasing Partners, Ltd. v. Executive Service Corp.

OPINION

This appeal is divisible into two parts. The first part relates to apppellant Contrail’s contention that the trial court erred in dismissing its cross-claim and counter-claim pursuant to NRCP 41(b). The second part relates to the refusal of the trial court to enter a default judgment in favor of Contrail against cross-defendant Bonanza Airlines.

1. In the litigation below Contrail asserted cross-claims against cross-defendants Perry and McCarter on theories of corporate alter ego, third party beneficiary, promissory estoppel, agency, conspiracy, and conversion. Contrail also…