Opinion
No. 61725
12-16-2013
CAROLYN AND FRED HENSCHEL, HUSBAND AND WIFE, Appellants, v. GREATER NEVADA MORTGAGE SERVICES; AND OLD REPUBLIC DEFAULT MANAGEMENT SERVICES, Respondents.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 denying a petition for judicial review in a Foreclosure Mediation Program (FMP) matter. Second Judicial District Court, Washoe County; Patrick Flanagan, Judge.
On appeal, appellants argue that (1) the assignments produced by respondent Greater Nevada Mortgage Services (GNMS) were "void" for failure to recite consideration, and (2) GNMS failed to produce an intermediate assignment. These arguments were not raised in district court. While this failure alone would justify affirming the district court's order, see Old Aztec Mine, Inc. v. Brown, 97 Nev. 49, 52, 623 P.2d 981, 983 (1981), we have considered these arguments nonetheless and conclude that they lack merit. Accordingly, we
We recognize that appellants' counsel briefly mentioned one of the arguments for the first time at the show-cause hearing. As counsel is aware, however, the show-cause hearing is not the appropriate forum for introducing new arguments. See Davis v. US Bank, Docket No. 56306 (Order of Affirmance, February 24, 2012) (explaining that the show-cause hearing's purpose is to discuss matters raised in the petition for judicial review).
ORDER the judgment of the district court AFFIRMED.
________________, C.J.
Pickering
________________, J.
Hardesty
________________, J.
Cherry
cc: Hon. Patrick Flanagan, District Judge
Mark L. Mausert
McCarthy & Holthus, LLP/Las Vegas
Washoe District Court Clerk