Cheek v. FNF Construction, Inc.

OPINION

Appellants Dennis and Misty Cheek challenge the summary judgment granted by the district court in favor of respondent, FNF Construction, Inc. (hereafter FNF). The Cheeks contend that the district court erred in entertaining FNF’s motion for summary judgment because they were not afforded adequate notice or service of notice. We agree and vacate the order.

FACTS

On Sunday, March 25, 1990, at 9:45 p.m., the Cheeks’ vehicle struck a cow owned by Cliven Bundy on northbound 1-15 just south of Mesquite, Nevada. About five miles south of the scene, FNF was in the process of paving a portion of…