Legal Opinion

Horgan v. Felton

Nevada Supreme Court

Decided November 21, 2007No. 45551PublishedCited by 34 opinions

1Opinion of the Court

OPINION

By the Court, Cherry, J.:

In this case, we primarily reexamine our decision in Sandy Valley Associates v. Sky Ranch Estates,1 which states that attorney fees as damages are available in cases clarifying or removing a cloud on title to property. We now retreat from that statement and hold that in cases concerning title to real property, attorney fees are only allowable as special damages in slander of title actions, not merely when a cloud on the title to real property exists.

FACTS

The underlying litigation in this case involves the property rights of seven neighboring homeowners in the…

2Cases cited30 opinions

  1. State Employment Security Department v. Hilton Hotels Corp.Nevada Supreme Court · 1986
  2. Yamaha Motor Co., U.S.A. v. ArnoultNevada Supreme Court · 1998
  3. Sandy Valley Associates v. Sky Ranch Estates Owners Ass'nNevada Supreme Court · 2001
  4. Rorvig v. DouglasWashington Supreme Court · 1994
  5. Shingleton v. StateSupreme Court of North Carolina · 1963

25 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Lawry v. PalmColorado Court of Appeals · 2008
  2. U.S. Home Corp. v. Michael Ballesteros TrustNevada Supreme Court · 2018
  3. Sumner Hill Homeowners' Ass'n v. Rio Mesa Holdings, LLCCalifornia Court of Appeal · 2012
  4. Fry v. Dinan (In Re Dinan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  5. Lau v. PughMissouri Court of Appeals · 2009

29 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API