Legal Opinion

54 Carolina Cherry Drive v. Anderson (In re 12067 Oakland Hills)

Court of Appeals of Nevada

Decided December 13, 2018No. 71536-COAPublishedCited by 4 opinions

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

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. United States v. James Leroy MartinsonCourt of Appeals for the Ninth Circuit · 1987
  3. Saavedra-Sandoval v. Wal-Mart Stores, Inc.Nevada Supreme Court · 2010
  4. United States v. Ceverilo ChambersCourt of Appeals for the Third Circuit · 1999
  5. Middleton v. StateNevada Supreme Court · 1998

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3Cited by4 opinions

  1. Cash Today LLC v. MTE LLCDistrict Court, D. Kansas · 2025
  2. Gilman v. Clark Cty. Sch. Dist.Court of Appeals of Nevada · 2023
  3. In re Search Warrants re Seizure of Docs.Court of Appeals of Nevada · 2023
  4. In re Search Warrants re Seizure of Docs.Nevada Supreme Court · 2023

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