McDONALD v. ALEXANDER & LAS VEGAS BLVD.

No. 40743.

123 P.3d 748 (2005)

John W. McDONALD, Appellant, v. D.P. ALEXANDER & LAS VEGAS BOULEVARD, LLC, a Missouri Limited Liability Company, Respondent.

Supreme Court of Nevada.

December 1, 2005.


Attorney(s) appearing for the Case

Callister & Reynolds and William H. Brown and Matthew Q. Callister, Las Vegas, for Appellant.

Law Offices of Richard McKnight, P.C., and Thomas J. Gilloon Jr., Las Vegas, for Respondent.

Before DOUGLAS, ROSE and PARRAGUIRRE, JJ.


OPINION

PER CURIAM.

In this appeal, we decide whether a creditor in the position of a sold-out junior lienholder due to a bankruptcy is exempt, under NRS 40.430(4)(i) and (j), from Nevada's one-action rule, which provides that a creditor can pursue only one action to recover a debt secured by a mortgage or lien on real property. Here, the appellant personally guaranteed a promissory note given by J.W.M. Investments, Inc., to respondent D.P. Alexander...

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