Walters v. Nevada Title Guaranty Co.

OPINION

By the Court,

Thompson, J.:

The broad question presented by this appeal is whether a trial court may enter judgment upon an issue framed by the pleadings but not mentioned as an issue in the pretrial order subsequently entered. In the circumstances of this case we have concluded that the omission of that issue (to be later described) from the pretrial order did not affect the substantial rights of the appellants. NRCP 61.1 Accordingly, it was permissible for the *233lower court to enter the judgment which the appellants now question.

The Walters (Gerald, Eleanor and Margaret Ann) initiated…