Copper Sands Homeowners Ass’n, Inc. v. Flamingo 94, LLC

The Copper Sands Homeowners Association (the HOA) brought an action against the developer and general contractor (collectively, the Developers) of the Copper Sands common-interest community, alleging several claims for various construction defects. The Developers impleaded subcontractors who had performed work on the project into the action as third-party defendants. Eventually, the district court dismissed the HOA’s claims against the Developers, awarded the Developers attorney fees and costs, and awarded the third-party defendants costs against the HOA. The HOA appealed, arguing that the district court did not have the authority to award the third-party defendants costs. The Supreme Court reversed the costs award to the third-party defendants, holding that when a third-party defendant prevails in an action and moves for costs pursuant to Nev. Rev. Stat. 18.020, which mandates an award of costs for the prevailing party in a case, the district court must determine which party - plaintiff or defendant - is adverse to the third-party defendant and allocate the costs award accordingly. Remanded. View "Copper Sands Homeowners Ass’n, Inc. v. Flamingo 94, LLC" on Justia Law