Morris V. Bank Of America Nevada

This case began as a simple collection matter on a promissory note, which was filed against William Morris by Bank of America Nevada ("Bank"), successor to Valley Bank of Nevada, which was successor to Security Bank of Nevada. Morris counterclaimed against the Bank, claiming fraud, conspiracy, securities fraud, RICO violations and breach of the implied covenant of good faith and fair dealing. Morris later voluntarily dismissed, without prejudice, the securities fraud and RICO claims. With regard to the summary judgment entered against Morris on the Bank's note collection claim, Morris did not deny execution of the note or nonpayment; rather, he contended that he signed the note under duress and that he was entitled to a set-off based upon the allegations set forth in his counterclaim. "Summary judgment is only appropriate when, after a review of the record in a light most favorable to the non-moving party, there remain no genuine issues of material fact and it is determined that the moving party is entitled to judgment as a matter of law." Caughlin Homeowners Ass'n v. Caughlin Club, 109 Nev. 264, 266, 849 P.2d 310, 311 (1993) (citation omitted). We have reviewed the record and pleadings of the parties and conclude that Morris' opposition to the Bank's summary judgment motion was so inadequately and unartfully presented by Morris' counsel as to provide to the district court no articulable, genuine issues of material fact. We are, therefore, compelled to deny Morris' appeal as to the bank's judgment