AA PRIMO BUILDERS, LLC, A NEVADA LIMITED LIABILITY COMPANY, Appellant, vs. BERTRAL WASHINGTON AND CHERI WASHINGTON, Respondents. AA PRIMO BUILDERS, LLC, A NEVADA LIMITED LIABILITY COMPANY, Appellant, vs. BERTRAL WASHINGTON AND CHERI WASHINGTON, Respondents., 126 Nev. 578

Summary

The supreme court noted that the contractor's "motion to amend order" qualified as a Nev. R. Civ. P. 59(e) motion to alter or amend judgment with tolling effect under Nev. R. App. P. 4(a)(4)(C). So long as a post-judgment motion for reconsideration was in writing, timely filed, stated its grounds with particularity, and requested a substantive alteration of the judgment, not merely the corrections of a clerical error, or relief of a type wholly collateral to the judgment, there was no reason to deny it Rule 59(e) status, with tolling effect. The supreme court found that the district court erred when it dismissed the contractor's suit based on its charter having been revoked. Nev. Rev. Stat. § 86.281 simply listed the things a Nevada LLC "may" do; it said nothing about what a revoked LLC may not do. The Legislature addressed the penalties for an administrative default leading to charter revocation and loss of capacity to sue was not among them. When the contractor succeeded in ...