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LAVI v. EIGHTH JUD. DIST. CT.

No. 58968.

325 P.3d 1265 (2014)

Simon LAVI, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, in and for the County of Clark; and the Honorable Valerie Adair, District Judge, Respondents, and Branch Banking and Trust Company, Successor-In-Interest to Colonial Bank by Acquisition of Assets from the FDIC as Receiver for Colonial Bank, A North Carolina Banking Corporation Organized and in Good Standing Under the Laws of North Carolina, Real Party in Interest.

Supreme Court of Nevada.

May 29, 2014.

Attorney(s) appearing for the Case

Marquis Aurbach Coffing and Frank M. Flansburg, III , and Jason M, Gerber , Las Vegas; Baker & Hostetler LLP and Michael Matthias , Los Angeles, California, for Petitioner.

Sylvester & Polednak, Ltd., and Allyson R. Noto and Jeffrey R. Sylvester , Las Vegas, for Real Parties in Interest.

BEFORE THE COURT EN BANC.

OPINION

By the Court, DOUGLAS, J.:

Real party in interest Branch Banking and Trust Company (BB & T) has petitioned for rehearing of our earlier decision to grant a writ of mandamus in this case, based on the district court's failure to dismiss a breach of guaranty action after the property securing the underlying commercial real estate loan was sold at a trustee's sale. In that order, we concluded that BB & T was barred from recovering under...

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