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NC-DSH, INC. v. GARNER

No. 49029.

218 P.3d 853 (2009)

NC-DSH, INC., a Nevada Corporation d/b/a Valley Hospital Medical Center, Appellant, v. Clark L. GARNER, Individually, as Special Administrator of the Estate of Carole L. Garner, Deceased, and as Special Administrator of the Estate of Bobby John Garner, Deceased; Steven G. Garner; Rhonda V. Schwantes; and Aaron K. Garner, Respondents.

Supreme Court of Nevada.

October 29, 2009.

Attorney(s) appearing for the Case

Tuverson & McBride and Eric K. Stryker, Las Vegas, for Appellant.

Crockett & Myers and J.R. Crockett Jr. and Richard W. Myers, Las Vegas, for Respondents.

BEFORE THE COURT EN BANC.

OPINION

By the Court, PICKERING, J.:

Valley Hospital appeals from an order vacating a stipulated final judgment under NRCP 60(b) for fraud on the court. The fraud was committed by Lawrence Davidson, the lawyer who brought this malpractice case for the Garner family, plaintiffs below. Without the knowledge or approval of his clients, Davidson settled their case for $160,000, forged the necessary settlement papers, and disappeared with the money. Because...

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