Legal Opinion

Desert Fireplaces Plus, Inc. v. Eighth Judicial District Court of the State of Nevada

Nevada Supreme Court

Decided September 16, 2004No. 41842PublishedCited by 4 opinions

1Opinion of the Court

OPINION

2Per curiam

In this original writ proceeding, we address two issues involving two-year statute of limitations under NRS 78.585 for commencing a cause of action against a dissolved corporation for claims arising before the dissolution. First, we consider at what point a third-party’s claims against a dissolved corporation in a construction defect case arise for purposes of NRS 78.585. We conclude that the claim of a third-party litigant arises when the litigant discovers or should have discovered the defects.

Second, we address whether the two-year statute of limitations for commencing a cause of…

3Cases cited5 opinions

  1. Round Hill General Improvement District v. NewmanNevada Supreme Court · 1981
  2. Smith v. Eighth Judicial District Court of State of NevadaNevada Supreme Court · 1997
  3. Beazer Homes Nevada, Inc. v. Eighth Judicial District Court of the State of NevadaNevada Supreme Court · 2004
  4. Civil Service Commission v. Second Judicial District Court of the State of NevadaNevada Supreme Court · 2002
  5. Civil Serv. Comm'n v. Dist. Ct.Nevada Supreme Court · 2002

4Cited by4 opinions

  1. International Game Technology, Inc. v. Second Judicial District Court of the State of Nevada Ex Rel. County of WashoeNevada Supreme Court · 2006
  2. Canarelli v. Eighth Judicial District Court ex rel. County of ClarkNevada Supreme Court · 2011
  3. In Re A.G.A. Flowers, Inc.United States Bankruptcy Court, S.D. Florida. · 2011
  4. International Game Technology, Inc. v. Second Judicial District Court of the State of Nevada Ex Rel. County of WashoeNevada Supreme Court · 2006

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