Sousa v. Branch Banking and Trust Co.

IN THE SUPREME COURT OF THE STATE OF NEVADA

WILLIAM SOUSA, AN INDIVIDUAL; No. 67811 AND JUDY SOUSA, AN INDIVIDUAL, Appellants, vs. BRANCH BANKING AND TRUST COMPANY, SUCCESSOR-IN- FILED INTEREST TO COLONIAL BANK BY FEB 1 2 2016 ACQUISITION OF ASSETS FROM THE FDIC AS RECEIVER FOR COLONIAL BANK, A NORTH CAROLINA BANKING CORPORATION ORGANIZED AND IN GOOD STANDING UNDER THE LAWS OF THE STATE OF NORTH CAROLINA, Respondent.

ORDER OF AFFIRMANCE This is an appeal from a district court judgment in a deficiency action. Eighth Judicial District Court, Clark County; Joanna Kishner, Judge. Appellants acknowledge that Munoz v. Branch Banking and Trust Co., 131 Nev., Adv. Op. 23, 348 P.3d 689 (2015), controls the resolution of this appeal. Having considered appellants' arguments that this court should reconsider the propriety of the Munoz decision, we are not persuaded that reconsideration is warranted. We therefore ORDER the jukinent of the district court AFFIRMED. 1

Parraguirre

,J. Lut-R Douglast Cherry

SUPREME COURT 1 Respondent's request for NRAP 38 sanctions is denied. OF NEVADA

(0) 1947A (4241(9 I - Dipico  cc: Hon. Joanna Kishner, District Judge Stephen E. Haberfeld, Settlement Judge Foley & Oakes, PC Wayne A. Silver Sylvester & Polednak, Ltd. Law Office of Timothy P. Thomas, LLC Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 (0) 1947A