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WHEELER SPRINGS PLAZA, LLC v. BEEMON

No. 39094.

71 P.3d 1258 (2003)

WHEELER SPRINGS PLAZA, LLC, Appellant, v. Dennis BEEMON; Donald Marks; Steve Williams; Mike Bolen; Phyllis Marks; James M. Hudspeth; and Mary Anne Hudspeth, Respondents.

Supreme Court of Nevada.

July 2, 2003.

Attorney(s) appearing for the Case

Goold, Patterson, Ales, Roadhouse & Day, Chartered, and Jeffrey D. Patterson, Las Vegas, for Appellant.

Dennis Beemon, Las Vegas, in Proper Person.

Mike Bolen, Pahrump, in Proper Person.

James M. Hudspeth, Sparks, in Proper Person.

Mary Anne Hudspeth, Sparks, in Proper Person.

Donald Marks, Reno, in Proper Person.

Phyllis Marks, Reno, in Proper Person.

Steve Williams, in Proper Person.

Before AGOSTI, C.J., MAUPIN and GIBBONS, JJ.

OPINION

MAUPIN, J.

This case presents an issue of first impression in Nevada: whether payment of a monetary judgment pending an appeal renders the appeal moot. We hold that payment of a judgment only constitutes a waiver of the judgment debtor's appellate rights when the payment is intended as a compromise or settlement of the matter.

FACTS

Respondents Dennis Beemon, Donald Marks, Steve Williams, Mike Bolen, Phyllis Marks...

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