HORGAN v. FELTON

No. 45551.

170 P.3d 982 (2007)

John P. HORGAN, III, and Dorothy L. Horgan; Andrew M. Spieker and Gail S. Spieker; Cathy J. McAuliffe; Charles J. Wilson and Debra S. Wilson, Appellants/Cross-Respondents, v. D.D. FELTON and Paul J. Felton, Partners of the Dianne Daiss Felton Family Limited Partnership of 1997, a Nevada Limited Partnership; Jane Thornton Daiss, as Trustee of the Robert M. Daiss and Jane Thornton Daiss 1981 Trust No. 1; Jepsen Properties, Inc., a Nevada Corporation; and Edward F. Biggs and Charlotte L. Biggs, as Trustees of the Biggs Family Trust Dated August 12, 1986, Respondents/Cross-Appellants.

Supreme Court of Nevada.

November 21, 2007.


Attorney(s) appearing for the Case

Lionel Sawyer & Collins and Dan C. Bowen and Janet S. Bessemer, Reno, for Appellants/Cross-Respondents Horgans and Spiekers.

Michael B. Springer, Reno, for Appellants/Cross-Respondents McAuliffe and Wilsons.

Richard Glasson, Lake Tahoe, for Respondents/Cross-Appellants Feltons and Daiss.

Hale Lane Peek Dennison & Howard and Patricia C. Halstead and Richard L. Elmore, Reno, for Respondents/Cross-Appellants Biggs and Jepsen Properties.

BEFORE THE COURT EN BANC.


OPINION

By the Court, CHERRY, J.:

In this case, we primarily reexamine our decision in Sandy Valley Associates v. Sky Ranch Estates,1 which states that attorney fees as damages are available in cases clarifying or removing a cloud on title to property. We now retreat from that statement and hold that in cases concerning title to real property, attorney fees are only allowable as special damages in slander of title...

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