award sanctions under NRAP 38 and "this court's inherent power for filing 

a frivolous, unauthorized appeal." 2 

Appellants have submitted an "Opposition to Respondents' 

Motion to Dismiss and Request for Sanctions and Countermotion for 

Sanctions Against Respondents." 3In that response, appellants indicate 

that the bankruptcy court "specifically entered an order allowing 

Appellants to retain Callister & Frizell for the purposes of taking an 

appeal," and that they had filed a motion to lift the bankruptcy stay for 

the purpose of pursuing an appeal; and therefore the filing of the notice of 

appeal was not improper. Accordingly, appellants request that sanctions 

be imposed against respondents for filing the "Motion to Dismiss and 

Requests for Sanctions [in] bad faith." 

2NRAP 38 provides that this court may impose sanctions if it 

determines that an appeal is frivolous, was taken or processed in a 

frivolous manner, was taken or processed solely for purposes of delay, or 

whenever the appellate processes of the court have otherwise been 

misused. 

3Cause appearing, we grant appellants' motion, and the errata 

thereto, for an extension of time to file the response to respondents' 

motion. See NRAP 27. Accordingly, the clerk shall file the "Opposition to 

Respondent's' Motion to Dismiss and Request for Sanctions and 

Countermotion for Sanctions Against Respondents," and "Appellants' 

Supplement to Their Opposition to Respondents' Motion to Dismiss and 

Request for Sanctions and Countermotion for Sanctions Against 

Respondents," which were provisionally received. The clerk shall also file 

the provisionally received "Respondents' Response to Appellants' Motion 

for Extension of Time to File a Response to Respondent's' Motion to 

Dismiss and Request for Sanctions," and respondents' response to 

appellants' supplement to their opposition to respondents' motion to 

dismiss. We have considered the arguments of the parties' in all of these 

documents in the resolution of this matter. 

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Finally, appellants have submitted a "Notice of Limited NonOpposition to Respondents' Motion to Dismiss." 4In that filing, appellants 

inform this court that the bankruptcy court denied their motion for relief 

from the bankruptcy stay. In light of that denial, appellants indicate that 

they "now do not oppose Respondents' motion to dismiss." Appellants still 

oppose, however, respondents' request for sanctions for the filing of the 

appeal. 

Cause appearing, we grant respondents' motion in part and 

dismiss this appea1. 5We do not, however, believe that sanctions are 

appropriate in these circumstances for either party. That is, it does not 

appear that the appeal was taken improperly, 6nor does it appear that 

respondents filed the motion to dismiss in "bad faith." Accordingly, we 

deny respondents' and appellants' requests for sanctions. 

It is so ORDERED. 

4The clerk shall file that provisionally received document. 

5This dismissal is without prejudice to the parties' right to file a 

motion to reinstate this upon conclusion of the bankruptcy proceedings. 

Any such motion to reinstate the appeal must be filed within 60 days of 

any order lifting the stay or concluding bankruptcy proceedings. 

6We also note that it appears that the more appropriate forum to 

raise any issues regarding alleged violations of the bankruptcy stay would 

be the bankruptcy court in which the matter is pending. 

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(0) 1947A 40444 
cc: Hon. Mark R. Denton, District Judge 

Ara H. Shirinian, Settlement Judge 

Callister & Frizell 

Lewis Roca Rothgerber LLP/Reno 

Korshak Kracoff Kong Sugano 

Eighth District Court Clerk 

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