-
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, anorder 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Precedential Status: Non-Precedential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