Nev. Rev. Stat. § 30.080

Discretion of court to render or enter judgment

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NRS 30.080  Discretion of court to render or enter judgment.  The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.

      [6:22:1929; NCL § 9445]

     

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1973–2022 · leading case: Club v. Fireman's Fund Insurance
Club v. Fireman's Fund Insurance (1973) nev · cites it 2× “NRS 30.080. 4 Additionally, whether a determination is proper in an action for declaratory relief is a matter within the trial judge’s discretion that will not be disturbed on appeal unless abused.”
BOCA PARK MARKETPLACE SYNDICATIONS GRP., LLC VS. HIGCO, INC. (2017) nev · cites it 2× “See NRS 30.080 ("The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.”
U.S. BANK N.A. v. THUNDER PROPERTIES, INC. (NRAP 5) (2022) nev · cites it 2× “Declaratory judgment is available to parties in this position, provided their disagreement is ripe and will "terminate the uncertainty or controversy," NRS 30.080, but the action is not time-barred, whether under a three-, four-, or five-year limitations period.”
Pierce v. Canyon Gate Med. Grp., LLC (2015) nev · cites it 2× “While Pierce's request is arguably a determination of statutory construction, declaratory relief is also subject to NRS 30.080 and this court's previous jurisprudence.”
BOCA PARK MARKETPLACE SYNDICATIONS GRP., LLC VS. HIGCO, INC. (2017) nev “See NRS 30.080 ("The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.”
Goldman, Ed.D. Vs. Clark Cty. School Dist. C/W 78822 (2020) nev “" We conclude the district court did not err in dismissing Goldman's request for declaratory relief, as none of the causes of action pleaded in Goklman's complaint depended on or concerned his rights under the CCASAPE agreement or NRS Chapter 391.”
Goldman, Ed.D. Vs. Clark Cty. School Dist. C/W 78822 (2020) nev “" We conclude the district court did not err in dismissing Goldman's request for declaratory relief, as none of the causes of action pleaded in Goklman's complaint depended on or concerned his rights under the CCASAPE agreement or NRS Chapter 391.”
People's Legislature v. Miller (Ballot Issue) (2015) nev “Under NRS 30.080, the court may refuse to enter a declaratory judgment if the judgment "would not terminate the uncertainty or controversy giving rise to the proceeding.”
Farmers Ins. Exchange v. Bainbridge (2015) nev “" NRS 30.080. Here, the district court did not abuse its discretion in determining that declaratory relief is inappropriate in this case for four SUPREME COURT OF NEVADA 2 (0) I947A ea) reasons.”
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