SCHWABACHER AND CO. v. Zobrist

OPINION

Case No. 11058 is an appeal arising from an action in which appellant Schwabacher was plaintiff, based on alleged fraudulent concealment, conversion and fraud in a stock transaction. At the conclusion of appellant’s evidence, the district court granted respondents, the Zobrists, an involuntary dismissal under NRCP 41(b). Case No. 11434 is an appeal from a post-judgment order granting respondents’ motion to assess costs and attorneys’ fees pursuant to NRCP 68.

In evaluating an appeal from an involuntary dismissal of an action at the close of the plaintiff’s case, “plaintiff’s evidence…