IN THE SUPREME COURT OF THE STATE OF NEVADA

PARADISE HARBOR PLACE TRUST, No. 64183 Appellant, vs. SELENE FINANCE, LP, FILED Respondent.

NOV 14 2014 TRACE K. LINDEMAN CLERK F SUPREME COURT BY DEPUTY CLERK ORDER VACATING, REVERSING, AND REMANDING This is an appeal from a district court order, certified as final under NRCP 54(b), dissolving a preliminary injunction and granting a motion for summary judgment in a quiet title action. Eighth Judicial District Court, Clark County; Stefany Miley, Judge.

The district court dissolved a previously entered preliminary injunction and granted Selene Finance's motion for summary judgment, concluding that NRS 116.3116(2)'s superpriority provision "only creates a priority to payment from foreclosure proceeds," and alternatively, that the statute "requires an action and is not applicable when the home owner's association forecloses under [the] non-judicial foreclosure statutes pursuant to NRS 116.3116 et seq." This court's recent disposition in SFR Investments Pool 1, LLC v. U.S. Bank, N.A., 130 Nev. 334 P.3d 408 (2014), decides that a common-interest community association's NRS 116.3116(2) superpriority lien has true priority over a first security interest, and the association may nonjudicially foreclose on that lien. The district court's decisions thus were based on an erroneous interpretation of

SUPREME COURT OF NEVADA

(0) 194Th e the controlling law and did not reach the other issues colorably asserted.' Accordingly, we VACATE the portion of the order dissolving the preliminary injunction, REVERSE the portion of the order granting summary judgment, AND REMAND this matter to the district court for further proceedings consistent with this order. 2

J.

Hardesty

J.

Douglass°;14 ,1e;

CHERRY, J., concurring: For the reasons stated in the SFR Investments Pool 1, LLC v. U.S. Bank, N.A., 130 Nev. , 334 P.3d 408 (2014), dissent, I disagree that respondent lost its lien priority by virtue of the homeowners association's nonjudicial foreclosure sale. I recognize, however, that SFR Investments is now the controlling law and, thusly, concur in the disposition of this appeal.

'In particular, Selene Finance argues on appeal that it was not notified of Heritage Estates' foreclosure sale. Because the district court did not make any determinations regarding this issue when it granted summary judgment, we have not considered this issue in rendering this disposition.

2 The injunction imposed by our November 18, 2013, order is vacated.

SUPREME COURT OF NEVADA (0) 1947A e cc: Hon. Stefany Miley, District Judge Hon. Elissa F. Cadish, District Judge Law Offices of Michael F. Bohn, Ltd. Wright, Finlay & Zak, LLP/Las Vegas Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) 1947A