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OTAK NEVADA v. EIGHTH JUDICIAL DISTRICT COURT

No. 56065.

260 P.3d 408 (2011)

OTAK NEVADA, LLC, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT OF the STATE of Nevada, In and for the COUNTY OF CLARK, and The Honorable Douglas Smith, District Judge, Respondents, and Pacificap Construction Services, LLC; Pacificap Properties Group, LLC; Pacificap Holdings XXIX, LLC; Chad I. Rennaker; Jason Q. Rennaker; Cheyenne Apartments PPG, LP; and Christopher Watkins, Real Parties in Interest.

Supreme Court of Nevada.

September 8, 2011.

Attorney(s) appearing for the Case

Weil & Drage, APC, and Jean A. Weil and Thomas A. Larmore , Las Vegas, for Petitioner.

Thagard, Reiss & Brown, LLP, and Thomas Friedman , Las Vegas, for Real Party in Interest Pacificap Construction Services, LLC.

Lewis Brisbois Bisgaard & Smith LLP and Mark J. Brown and Josh C. Aicklen , Las Vegas, for Real Parties in Interest Pacificap Properties Group, LLC; Pacificap Holdings XXIX, LLC; Chad I. Rennaker ; Jason Q. Rennaker ; and Cheyenne Apartments PPG, LP.

Lewis & Roca LLP and Daniel F. Polsenberg and Joel D. Henriod , Las Vegas; Simon Law Office and Daniel S. Simon , Las Vegas, for Real Party in Interest Christopher Watkins.

BEFORE SAITTA, C.J., HARDESTY and PARRAGUIRRE, JJ.

OPINION

By the Court, HARDESTY, J.:

In this extraordinary writ proceeding, we must determine whether NRS 11.259(1) compels dismissal where the initial pleading in an action alleging nonresidential construction malpractice was served without filing the attorney affidavit and expert report required by NRS 11.258(1) and (3). We take this opportunity to extend our analysis and holding in Fierle v. Perez, 125 Nev. ___, ___, 219 P...

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