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WILLARD v. BERRY-HINCKLEY INDUSTRIES

No. 83640, No. 84848.

539 P.3d 250 (2023)

139 Nev. Adv. Opn. 52

Larry J. WILLARD, Individually and as Trustee of the Larry James Willard Trust Fund; and Overland Development Corporation, a California Corporation, Appellants, v. BERRY-HINCKLEY INDUSTRIES, a Nevada Corporation; Jerry Herbst, an Individual; and Timothy P. Herbst, as Special Administrator of the Estate of Jerry Herbst, Deceased, Respondents. Larry J. Willard, Individually and as Trustee of the Larry James Willard Trust Fund; and Overland Development Corporation, a California Corporation, Appellants, v. Berry-Hinckley Industries, a Nevada Corporation; Jerry Herbst, an Individual; and Timothy P. Herbst, as Special Administrator of the Estate of Jerry Herbst, Deceased, Respondents.

Supreme Court of Nevada.

Filed November 30, 2023.

Attorney(s) appearing for the Case

Lemons, Grundy & Eisenberg and Robert L. Eisenberg , Reno; Robertson, Johnson, Miller & Williamson and Richard D. Williamson and Jonathan J. Tew , Reno, for Appellants.

Dickinson Wright, PLLC, and John P. Desmond , Brian R. Irvine , and Anjali D. Webster , Reno, for Respondents.

BEFORE THE SUPREME COURT, EN BANC.

OPINION

In this opinion, we consider whether the district court abused its discretion in denying appellants relief under NRCP 60(b)(1), NRCP 60(b)(5), and NRCP 60(b)(6). We have not previously resolved whether an order of dismissal applies "prospectively" for purposes of NRCP 60(b)(5) and today conclude...

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