Can I fight attorney fees on appeal loss due to judge’s error?

r/

Location: Nevada

I lost a civil case in Nevada’s lowest court (Justice Court but not small claims) and appealed to District Court. I was appealing part of the court order that was just outrageous. The judge verbally ordered it but never put it in writing nor signed it. I appealed on the grounds that she never put it in writing or signed it (as required by court rules and caselaw).

At the appeal hearing, the judge agreed I was correct. The lower court errored by not putting it in writing or signing in. But… since it was not a valid order, I technically had nothing to appeal! So it was a catch 22 situation. Since there was no valid order and I had nothing to appeal, the judge dismissed the appeal.

Well, NRS 69.050 allows the prevailing party in an appeal to be awarded attorney fees. Now the opposing party wants their attorney fees paid because technically I lost the appeal (they also filed a motion to amend the original order to include the verbal part the judge never put in writing the first time). And once the original order is amended I have to start the appeal again.

Do I have any shot at defending against attorney fees? I mean the lower court judge screwed up by not putting it in writing and signing it. Why should I pay for the judge’s screw up?

Comments

  1. ApprehensiveEarth659 Avatar

    You wouldn’t be paying for the judge’s error. You’d be paying for your erroneus appeal. Both things can be true.

    You are certainly free to argue against the motion but “it’s not my fault” won’t work at all.