Rd. and Highway Builders, LLC v. Q&D Constr., Inc.

IN THE SUPREME COURT OF THE STATE OF NEVADA

ROAD AND HIGHWAY BUILDERS, No. 75176 LLC, Appellant, vs. Q&D CONSTRUCTION, INC., A NEVADA CORPORATION; AND THE FILED STATE OF NEVADA DEPARTMENT DEC 2 0 2018 OF TRANSPORTATION, ELIZABET1-1 k BROWN Respondents. CLERK OF SUPREME COURT By C r 9-4Ln/A DEPUTY CLERK of,

ORDER DISMISSING APPEAL

This is an appeal from a district court order denying a motion for a preliminary injunction. First Judicial District Court, Carson City; James Todd Russell, Judge. Respondent Q&D Construction has filed a motion to dismiss this appeal as moot. Appellant opposes the motion and Q&D has filed a reply. Having considered the motion, opposition, reply, and other documents before this court, we agree that this appeal is moot and conclude appellant fails to demonstrate that the appeal falls within the capable-of- repetition-yet-evading-review exception to the mootness doctrine. See Degraw v. Eighth Judicial Dist. Court, 134 Nev., Adv. Op 43, 419 P.3d 136, 139 (2018); Personhood Nevada u. Bristol, 126 Nev. 599, 602, 245 P.3d 572,

SUPREME COURT OF NEVADA

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574 (2010); University Sys. u. Nevadans for Sound Gov't, 120 Nev. 712, 720, 100 P.3d 179, 186 (2004). Accordingly, we grant the motion and ORDER this appeal DISMISSED.

cc: Hon. James Todd Russell, District Judge David Wasick, Settlement Judge Carl M. Hebert McDonald Carano LLP/Reno Attorney General/Carson City Carson City Clerk

SUPREME COURT OF NEVADA

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