659 P.2d 296

DARREL R. DAINES, CLARK COUNTY COMPTROLLER, APPELLANT, v. FREDERIC H. ABRAMS, ESQUIRE, ATTORNEY FOR DONALD DOWELL, RESPONDENT.

No. 14227Supreme Court of Nevada.
February 28, 1983

Appeal from Eighth Judicial District Court, Clark County; Joseph S. Pavlikowski, Judge.

Page 99

Robert J. Miller, District Attorney, Johnnie B. Rawlinson, Deputy District Attorney, Clark County, for Appellant.

Fred H. Abrams, Las Vegas, for Respondent.

OPINION
Per Curiam:

This is an appeal from a judgment awarding respondent Abrams excess compensation in connection with his appointment to represent a certain indigent in a criminal matter. Appellant Daines filed a timely opening brief, but Abrams has not filed an answering brief. On January 24, 1983, we ordered Abrams to show cause why his failure to file a brief should not be treated as a confession of error pursuant to NRAP 31(c). Abrams has filed no brief, nor has he responded to our order to show cause.

Cause appearing, we elect to treat Abrams’ conduct as a confession of error. NRAP 31(c); see Smith v. Smith, 98 Nev. 395, 649 P.2d 1374 (1982). Accordingly, the judgment below in Abrams’ favor is reversed.

Page 100

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