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AVIATION VENTURES v. JOAN MORRIS, INC.

No. 39253.

110 P.3d 59 (2005)

AVIATION VENTURES, INC., D/B/A Vision Air, a Nevada Corporation, Appellant, v. JOAN MORRIS, INC., D/B/A Las Vegas Tourist Bureau, a Nevada Corporation, Respondent.

Supreme Court of Nevada.

April 28, 2005.

Attorney(s) appearing for the Case

Lemons Grundy & Eisenberg and Alice G. Campos Mercado, Reno; Eric L. Zubel, Las Vegas, for Appellant.

Deaner, Deaner, Scann, Malan & Larsen and Susan Williams Scann, Las Vegas, for Respondent.

Before ROSE, GIBBONS and HARDESTY, JJ.

OPINION

ROSE, J.

This is an appeal from a district court order granting respondent's motion for summary judgment in an action to recover on a promissory note. We conclude that the district court improperly granted respondent's motion for summary judgment before the development of the record through discovery. We also conclude that insolvency is not a requirement to obtain a setoff. Inasmuch as our decision in Campbell v. Lake Terrace,

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