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SFR INVESTMENTS POOL LLC v. JPMORGAN CHASE BANK NATIONAL ASSOCIATION (2022)

Supreme Court of Nevada.2022-06-17No. No. 83214

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Opinion

ORDER OF AFFIRMANCE

In a previous appeal, we reversed the district courts summary judgment in favor of appellant and directed the district court to enter judgment in favor of respondent. See JPMorgan Chase Bank, N.A. v. SFR Invs. Pool 1, LLC, 136 Nev. 596, 603, 475 P.3d 52, 58-59 (2020). On remand, the district court complied with this courts mandate. Now in this appeal, appellant contends that another remand is appropriate because it should be able to seek money damages based on the United States Supreme Courts opinion in Collins v. Yellen, 141 S. Ct. 1761 (2021). 2

We decline appellants invitation to remand again, as appellant did not raise its Collins-based argument in district court, and we are not persuaded by appellants explanation for why it was unable to previously make arguments similar to those asserted by the plaintiffs in Collins. See Old Aztec Mine, Inc. v. Brown, 97 Nev. 49, 52, 623 P.2d 981, 983 (1981) (recognizing that this court need not consider arguments raised for the first time on appeal). Accordingly, we ORDER the judgment of the district court AFFIRMED.

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FOOTNOTES

2

.   Collins held that the Housing Economic Recovery Acts for-cause restriction on the Presidents ability to remove the FHFAs Director violated the separation-of-powers doctrine, but also concluded that the Director still had authority to carry out the functions of the office. 141 S. Ct. at 1788.

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.   The Honorable Mark Gibbons, Senior Justice, participated in the decision of this matter under a general order of assignment.