54 Carolina Cherry Drive v. Anderson (In re 12067 Oakland Hills)
Court of Appeals of Nevada
1Opinion of the Court
By the Court, TAO, J.:
*674NRS 18.010(2)(a) permits an award of attorney fees to a "prevailing party" in a civil action when that party recovers a money judgment in an amount less than $20,000. At issue here is whether that provision permits a fee award against a police department ordered to return a large amount of cash (and other property) seized pursuant to a criminal search warrant.
We conclude that it does not because an order to return seized cash is an order to return physical property, not a "money judgment," and therefore we reverse the district court's award of fees. Further, we decline…
2Cases cited20 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- United States v. James Leroy MartinsonCourt of Appeals for the Ninth Circuit · 1987
- Saavedra-Sandoval v. Wal-Mart Stores, Inc.Nevada Supreme Court · 2010
- United States v. Ceverilo ChambersCourt of Appeals for the Third Circuit · 1999
- Middleton v. StateNevada Supreme Court · 1998
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- In re Search Warrants re Seizure of Docs.Nevada Supreme Court · 2023