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WEDDELL v. H2O, INC.

No. 55200.

271 P.3d 743 (2012)

Rolland P. WEDDELL; Granite Investment Group, LLC; and High Rock Holding, LLC, Appellants, v. H20, INC.; Michael B. Stewart, an Individual and as Trustee of the Michael B. Stewart Trust; Empire Energy, LLC; Empire Group, LLC; Empire Foods, LLC; Empire Farms, LLC; Orient Farms, LLC; White Paper, LLC; Empire Geothermal Power, LLC; Nevada Energy Park, LLC; Amor II Corporation; M.B.S., Inc.; Tahoe Rose, LLC; Clearwater River Properties, LLC; Honalo Kai, LLC; Sierra Rose, LLC; Sundance Farms, LLC; GNV Enterprises, LLC; Kosmos Lease Holdings, LLC; Granite Creek Land & Cattle, LLC; Empire Seed Company Limited Partnership; Geor II Corporation; San Emidio Resources, Inc.; San Emidio Aggregate, Inc.; and Juniper Hill Partners, LLC, Respondents.

Supreme Court of Nevada.

March 1, 2012.

Attorney(s) appearing for the Case

Day R. Williams , Carson City; Sisco & Naramore and Kenneth D. Sisco , Norco, CA, for Appellants.

Robison, Belaustegui, Sharp & Low and F. DeArmond Sharp, Keegan G. Low , and Kristen L. Martini , Reno, for Respondents.

Before SAITTA, C.J., CHERRY and GIBBONS, JJ.

OPINION

By the Court, CHERRY, J.:

In this appeal, we consider distinct issues arising from a fall-out between business partners. We first consider whether a judgment creditor divests a dual member and manager of a limited-liability company of his managerial duties. In doing so, we determine the rights and remedies of a judgment creditor pursuant to NRS 86.401. We conclude that a judgment creditor has only the rights of an assignee of the member's...

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