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STUBBS v. STRICKLAND

Nos. 58751, 59145.

297 P.3d 326 (2013)

Stephen STUBBS, An Individual, Appellant, v. Tracy STRICKLAND, An Individual, Respondent. Tracy Strickland, An Individual, Appellant, v. Stephen Stubbs, An Individual, Respondent.

Supreme Court of Nevada.

March 14, 2013.

Attorney(s) appearing for the Case

Hutchison & Steffen, LLC, and Michael K. Wall , Las Vegas, for Stephen Stubbs.

L.G. Strickland , Boulder City, for Tracy Strickland.

BEFORE THE COURT EN BANC.

OPINION

By the Court, GIBBONS, J.:

In this appeal, we consider whether a defendant can file an anti-SLAPP (Strategic Lawsuit Against Public Participation) suit after the plaintiff voluntarily dismisses the initial lawsuit. We conclude that if the plaintiff voluntarily dismisses the action before the defendant files either an initial responsive pleading or a special motion to dismiss pursuant to NRS 41.670, the defendant cannot file an anti-SLAPP suit...

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