Las Vegas Office Prevails on Appeal of District Court’s Grant of Motion to Dismiss Plaintiff’s Complaint
The Nevada Supreme Court recently affirmed the District Court’s grant of a motion to dismiss due to lack of proper and timely service of the client. Plaintiff moved to enlarge the time for service over one year after the statutory period for such a request had run, and her case was dismissed. The Nevada Supreme Court took the appeal as an opportunity to clarify the meaning of “good cause” within an amendment to a Nevada statute allowing enlargement of service time. The Court held that a mere error in service does not constitute good cause sufficient to warrant enlargement of the time to serve a party, and thus, affirmed the District Court’s dismissal of Plaintiff’s Complaint.