Wednesday, December 07, 2016 1:46:48 PM
The voluntary dismissal affected 'costs', limiting those recoverable. The counterclaim though included a claim for abuse of process. As legal fees could be awarded as damages upon successfully establishing an abuse of process, the court could not say on July 1, 2016, that the effect of the voluntary dismissal of Tmm's claim barred recovery for actual legal expenses as a loss potentially recoverable on the abuse of process claim.
That's how I am reading it anyway. I am reading that, as well as the rules of civil procedure in Nevada, and other material on abuse of process.
I am also reading the court record. It says "case closed". There is no live claim for actual legal expenses. There is a verified statement of costs and disbursements, flowing from Dim's success on one of its claims.
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