Staples v. Dist. Ct. (Martinez-Jaimes) ( 2014 )


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  •                 warranted. Pan v. Eighth Judicial Dist. Court, 
    120 Nev. 222
    , 228, 
    88 P.3d 840
    , 844 (2004).
    Having considered the parties' arguments, we conclude that
    our intervention is warranted.     
    Id. Specifically, an
    order dismissing the
    underlying case was entered in July 2012. This order constituted a final
    judgment, as it effectively resolved all the parties' claims.      Lee v. GNLV
    Corp., 
    116 Nev. 424
    , 
    996 P.2d 416
    (2000). "[O]nce a final judgment is
    entered, the district court lacks jurisdiction to reopen it, absent a proper
    and timely motion under the Nevada Rules of Civil Procedure."            SFPP,
    L.P. v. Second Judicial Dist. Court, 
    123 Nev. 608
    , 612, 
    173 P.3d 715
    , 717
    (2007). Thus, if real party in interest wanted to challenge the July 2012
    dismissal order, such a challenge needed to be made in conformity with
    the Nevada Rules of Civil Procedure. Because her August 2013 "Motion to
    Re-Open Case" failed in this regard, the district court lacked jurisdiction
    to grant the motion. Id.; see NRCP 60(b) (providing generally that a party
    must file a motion for relief from judgment within six months from when
    written notice of entry of the order is served on that party). 2
    As any further proceedings before the district court in this
    matter would be in excess of the district court's jurisdiction, our
    intervention is warranted.    SFPP, 
    L.P., 123 Nev. at 612
    , 173 P.3d at 718;
    
    Greene, 115 Nev. at 396
    , 990 P.2d at 187. Accordingly, we
    2 Real party in interest does not dispute that she received notice of
    entry of the July 2012 dismissal order. Nor does she dispute receiving
    notice of the other post-dismissal filings in this matter, including
    petitioner's October 2012 "Request For Trial De Novo." Real party in
    interest suggests that this filing demonstrates that both sides were under
    the mistaken belief that the case had not been dismissed. A review of this
    filing demonstrates that real party in interest's suggestion is meritless.
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A
    ORDER the petition GRANTED AND DIRECT THE CLERK
    OF THIS COURT TO ISSUE A WRIT OF PROHIBITION directing the
    district court to vacate its October 4, 2013, order and precluding the
    district court from conducting any further proceedings in District Court
    Case No. A631056.
    Pickering
    Saitta
    cc: Hon. Douglas Smith, District Judge
    Law Offices of David M. Jones/Las Vegas
    Gazda & Tadayon
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    (0) I947A )(ZIW
    

Document Info

Docket Number: 64517

Filed Date: 4/11/2014

Precedential Status: Non-Precedential

Modified Date: 4/18/2021