Rowland v. Lepire

• 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

Page 237

600 P.2d 237

95 Nev. 639

Glen E. ROWLAND, Martin L. Rowland and Rowland Corporation, Appellants, v.Eugene LEPIRE and Judy Lepire, Respondents.

No. 11936.

Supreme Court of Nevada.

Sept. 27, 1979.

[95 Nev. 640] Kenneth J. Jordan, Carson City, for appellants.

Stokes, Shaw, Heaton & Doescher, Carson City, for respondents.

OPINION

PER CURIAM:

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;¹Nevada 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.

MOWBRAY, C. J., and THOMPSON, GUNDERSON and MANOUKIAN, JJ., and GREGORY, ²District Judge(Ret.), concur.

1SCR 187: "A member of the state bar . . . .(w)hen he knows the identity of a lawyer representing an opposing party, . . . should not take advantage of the lawyer by causing any default or dismissal to be entered without first inquiring about the opposing lawyer's intention to proceed."

2The 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.