Filed Voluntary Dismissal. Appellant has filed a motion to withdraw its appeal, which we construe as a motion for voluntary dismissal under NRAP 42(b). We grant appellant''s motion and " . . . dismiss this appeal." Each party shall bear its own costs and attorney fees, if any. fn1[We conclude that an award of costs and attorneys fees against appellant is not warranted, and therefore we deny respondents Lockheed Partners and Sierra Leasings'' November 10, 2004 motion for costs and attorney fees. Additionally, we deny as moot all other pending motions in this appeal. Finally, we vacate our December 21, 2004 order directing appellant to file a docketing statement.] NNP05-WM/MD/RP

Filed Dispositional Order/Appeal. Order of Reversal and Remand. " . . . we reverse the district court''s judgment and remand this matter to the district court." On remand, the district court shall vacate its order granting the motion for a directed verdict and reinstate the jury verdict and award of $150,000.00. In light of our holding, M.D.''s Ltd. Is the prevailing party because a judgment was rendered in its favor. Therefore, on remand, the district court shall determine the amount of costs and attorney''s fees, if any, to be awarded to M.D.''s Ltd. NNP01A-MS/DA/RR