Morabito v. Dist. Ct. (Jh, Inc.) ( 2014 )


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  •                 compelling his attendance at a deposition in Nevada because real parties
    in interest improperly filed the underlying confession of judgment with the
    same district court case number as a previous district court action that
    was dismissed on the parties' stipulation, making the order compelling
    petitioner's deposition in the confessed judgment proceeding void.
    Having considered the petition, answer, reply, and the
    appendices, we conclude that our extraordinary intervention is not
    warranted at this time.    Smith, 107 Nev. at 677, 818 P.2d at 851. In
    particular, petitioner did not provide this court with a copy of a written
    order memorializing the district court's ruling that petitioner appear in
    Washoe County for a deposition, see Rust v. Clark Cnty. Sch. Dist., 
    103 Nev. 686
    , 688-89, 
    747 P.2d 1380
    , 1382 (1987) (recognizing that an oral
    ruling is ineffective for any purpose), and we are not otherwise convinced
    that petitioner's argument regarding the district court's jurisdiction over
    the confession of judgment proceedings warrants our extraordinary
    intervention, at least at this point in the proceedings. See Pan, 120 Nev.
    at 228, 88 P.3d at 844; Smith, 107 Nev. at 677, 818 P.2d at 851. Thus,
    under these circumstances, we
    ORDER the petition DENIED.'
    ,
    Pickering
    J.
    Parraguirre
    'In light of our resolution of this matter, we vacate the temporary
    stay imposed by our April 4, 2014, order.
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A
    cc: Hon. Brent T. Adams, District Judge
    Robison Belaustegui Sharp & Low
    Gordon Silver/Reno
    Washoe District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    (0) 1947A
    

Document Info

Docket Number: 65319

Filed Date: 4/18/2014

Precedential Status: Non-Precedential

Modified Date: 4/18/2021