opposition to a motion must be filed within ten days after service of the motion and that the district court may construe a party's failure to oppose a motion as an admission that the motion is meritorious and a consent to granting the motion); see also Walls v. Brewster, 112 Nev. 175, 178, 912 P.2d 261, 263 (1996). Accordingly, we ORDER the judgment of the district court AFFIRMED. -?L A

J.

Sa

J.

Gibbons

Pickering

cc: Hon. David B. Barker, District Judge Carolyn Worrell, Settlement Judge Day & Nance Marquis Aurbach Coifing Eighth District Court Clerk

...continued the argument for the first time on appeal. Old Aztec Mine, Inc. v. Brown, 97 Nev. 49, 52, 623 P.2d 981, 983 (1981).

SUPREME COURT OF NEVADA (0) 1947A 4(041(9