Opinion
No. 63903
11-14-2014
WELLS FARGO BANK, N.A., Appellant, v. PARADISE HARBOR PLACE TRUST, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This is an appeal from a district court order granting a preliminary injunction in a quiet title action. Eighth Judicial District Court, Clark County; Allan R. Earl, Judge.
The district court granted respondent's preliminary injunction motion, finding that respondent "would be irreparably harmed for which there is no adequate remedy at law." This court's recent disposition in SFR Investments Pool 1, LLC v. U.S. Bank, N.A., 130 Nev. ___, 334 P.3d 408 (2014), decides that a common-interest community association's NRS 116.3116(2) superpriority lien has true priority over a first security interest, and the association may nonjudicially foreclose on that lien. The district court's decision thus was supported by the controlling law. Accordingly, we
AFFIRM the district court's order granting a preliminary injunction.
/s/_________, J.
Hardesty
/s/_________, J.
Douglas
CHERRY, J., concurring:
For the reasons stated in the SFB Investments Pool 1, LLC v. U.S. Bank, N.A., 130 Nev. ___, 334 P.3d 408 (2014), dissent, I disagree that appellant lost its lien priority by virtue of the homeowners association's nonjudicial foreclosure sale. I recognize, however, that SFR Investments is now the controlling law and, thusly, concur in the disposition of this appeal.
/s/_________, J.
Cherry
cc: Hon. Allan R. Earl, District Judge
David J. Merrill, P.C.
Law Offices of Michael F. Bohn, Ltd.
Eighth District Court Clerk