Hampton v. Washoe County
| Decision Date | 01 December 1983 |
| Docket Number | No. 14307,14307 |
| Citation | 672 P.2d 640,99 Nev. 819 |
| Parties | Jeremy HAMPTON, Appellant, v. WASHOE COUNTY, a Political Subdivision of the State of Nevada, Respondent. |
| Court | Nevada Supreme Court |
Appellant filed a complaint in district court alleging that he had been unlawfully demoted, transferred and discharged from his employment with respondent Washoe County. Respondent answered the complaint and later filed a motion for summary judgment. The motion was based on the argument that under the doctrine of res judicata, prior litigation between the parties precluded appellant from bringing the second lawsuit. The district court granted summary judgment and this appeal followed.
Respondent initially contends that this case is unreviewable and, presumably, should therefore be dismissed because appellant failed to serve a statement of the issues upon which he intended to rely on appeal after designating only a portion of the record on appeal.
Under NRAP 10(d) if an appellant does not designate the complete record as the record on appeal he is required to serve a statement of the issues on which he intends to rely. As we stated in Oak Grove Inv. v. Bell & Gossett Co., 99 Nev. 616, ---, 668 P.2d 1075, 1078 (1983):
The purpose of the statement of points is to inform the respondent of the points in issue on appeal, so that the respondent may determine whether the material designated for inclusion in the record is sufficient for him to answer the appellant's contentions and present a fair and complete picture of the issues. Noncompliance with the rule is not ground for dismissal of the appeal unless the respondent has shown that he was misled or prejudiced by the appellant's noncompliance, and has had insufficient time to supplement an otherwise incomplete record. See Basic Refractories v. Bright, 71 Nev. 248, 256, 286 P.2d 747, 751 (1955); Christensen v. Pryor, 255 P.2d 195, 197 (1953). See also Island Creek Coal Co. v. Local 1827, UMW, 568 F.2d 7 (6th Cir.1977).
Respondent has not complained that it was misled or prejudiced by appellant's failure to file a statement of issues; nor has respondent alleged that it had insufficient time within which to supplement an otherwise incomplete record on appeal. Consequently we reject this contention. 1
Appellant contends that the lower court erred in granting summary judgment because a material issue of fact exists regarding the issues litigated in the previous case. We agree.
Summary judgment is appropriate only where the pleadings and papers on file show there is no genuine issue of fact, and that the moving party is entitled to judgment as a matter of law. Mullis v. Nevada National Bank, 98 Nev. 510, 654 P.2d 533 (1982). In evaluating the propriety of a summary judgment, the evidence will be reviewed in the light most favorable to the party against whom summary judgment was rendered. Servaites v. Lowden, 99 Nev. 240, 660 P.2d 1008 (1983). Further, in the absence of a clearly established defense, summary judgment must be denied. Hicks v. BHY Trucking, Inc., 99 Nev. 519, 665 P.2d 253 (1983).
In order to uphold a plea of res judicata it is necessary to establish that the issue decided in the prior adjudication is identical to the issue in the present litigation, that there was a final judgment on the merits in the previous litigation, and that the party against whom the plea is asserted was a party to the previous case or was in privity with a party. York v. York, 99 Nev. 491, 664 P.2d 967 (1983); Horvath v. Gladstone, 97 Nev. 594, 637 P.2d 531 (1981).
In the present case the only evidentiary material which accompanied the motion for summary judgment and which referred to the previous litigation was an uncertified and unsworn copy of the summary judgment filed in the previous case. 2 Furthermore, there is no indication in the record that the district court took judicial notice of its records in the prior case. See Occhiuto v. Occhiuto, 97 Nev. 143, 625 P.2d 568 (1981). The summary...
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Bushman v. Safeway Stores, Inc.
...judgment should only preclude a subsequent action if the judgment was rendered after a review of the record. Hampton v. Washoe County, 99 Nev. 819, 821, 672 P.2d 640, 642 (1983). In Hampton, res judicata was found not to apply because the summary judgment entered in the prior case neither e......
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Jaramillo v. Blackstone, 15822
...is not included in the record on appeal, it is presumed that the record supports the district court's findings. See Hampton v. Washoe County, 99 Nev. 819, 672 P.2d 640 (1983). Nevertheless, this court has held that where an appellant makes a prima facie showing of error on a partial record,......
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Miller v. Republic Servs., Inc.
...opening brief “portions of the record essential to determination of issues raised in appellant's appeal”); see also Hampton v. Washoe County, 99 Nev. 819, 672 P.2d 640 (1983) (providing that, if the record is insufficient to allow review of the district court's decision, this court will pre......
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Harrison v. Rodriguez, 15850
...will be reviewed in the light most favorable to the party against whom summary judgment was rendered." Hampton v. Washoe County, 99 Nev. 819, 822, 672 P.2d 640, 641 (1983). The intent with which the statements were made is an issue of fact for the jury to resolve. If the jury were to find t......