Rowland v. Lepire, 11936
| Decision Date | 27 September 1979 |
| Docket Number | No. 11936,11936 |
| Citation | 600 P.2d 237,95 Nev. 639 |
| Parties | Glen E. ROWLAND, Martin L. Rowland and Rowland Corporation, Appellants, v. Eugene LEPIRE and Judy Lepire, Respondents. |
| Court | Nevada Supreme Court |
Plaintiffs' counsel had default entered and later secured a default judgment against defendants without notice to their counsel who had requested additional time within which to file an answer. Such advantage should not have been taken without first inquiring about defense counsel's intention to proceed. Supreme Court Rule 187; 1 Nevada Ind. Guaranty v. Sturgeon, 80 Nev. 254, 391 P.2d 862 (1964), concurring opinion. Accordingly, we annul the judgment entered below and remand for further proceedings.
1 SCR 187:
2 The Chief Justice designated Hon. Frank B. Gregory, Senior Judge, to sit in this case in place of the Hon. Cameron Batjer, Justice, who was disqualified. Nev.Const. art. 6, § 19; SCR 10.
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...to inquire into the opposing party's intent to proceed before requesting a default under this court's holding in Rowland v. Lepire, 95 Nev. 639, 600 P.2d 237 (1979), and Rule of Professional Conduct (RPC) 3.5A. Generally, one notice of an intent to request a default is sufficient for purpos......
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Landreth v. Malik, 49732.
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