Corbino v. Anderson ( 2022 )


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  •                          IN THE SUPREME COURT OF THE STATE OF NEVADA
    MARIO CORBINO,                                            No. 85019
    Appellant,
    vs.
    MARY ANDERSON,
    FILED
    Respondent.                            AUG 0 4 2022
    A. BROWN
    PREME COURT
    BY
    OEPU    CLEW<
    ORDER DISMISSING APPEAL
    This is a pro se appeal from a purported order entered by "Las
    Vegas Nevada Clark County Clerk of The Court MELISSA SARAGOSA" on
    June 8, 2022. Eighth Judicial District Court, Clark County; Crystal Eller,
    Judge.
    It appears appellant is attempting to appeal from an order of
    summary eviction entered by the justice court.' The district courts have
    final appellate jurisdiction over cases arising in the justice courts. Nev.
    Const. art. 6, § 6; Waugh v. Casazza, 
    85 Nev. 520
    , 521, 
    458 P.2d 359
    , 360
    (1969). Thus, this court lacks jurisdiction over an appeal from a justice
    lIt is not clear from the notice of appeal whether appellant intended
    to appeal to this court or to initiate a second appeal to the district court.
    After appellant filed the instant notice of appeal in the district court, the
    district court entered an order striking that notice.
    "A notice of appeal [to this court] is effective on the date of receipt by
    the district court clerk." Whitman v. Whitman, 
    108 Nev. 949
    , 951, 
    840 P.2d 1232
    , 1233 (1992). Once jurisdiction vests in this court, the district court
    lacks authority to strike a notice of appeal to this court, See Buffington v.
    State, 
    110 Nev. 124
    , 126, 
    868 P.2d 643
    , 644 (1994) ("Jurisdiction in an
    appeal is vested solely in the supreme court until the remittitur issues to
    the district court."). Therefore, to the extent the notice of appeal is an
    appeal to this court, the district court lacked authority to strike the notice
    and this court takes no action with respect to the order.
    SUPREME COURT
    OF
    NEVADA
    oil 19.17A
    L -a - (4'4 ZO
    court order.   This court also lacks jurisdiction to the extent appellant
    appeals from the June 24, 2022, district court order affirming the order of
    summary eviction. See 
    id.
     Accordingly, this court
    ORDERS this appeal DISMISSED.
    , J.
    Hardesty
    A4Ltbat.12          , J.                                       J.
    Stiglich                                   Herndon
    cc:   Hon. Crystal Eller, District Judge
    Mario Corbino
    Mary Anderson
    Eighth District Court Clerk
    2
    

Document Info

Docket Number: 85019

Filed Date: 8/4/2022

Precedential Status: Precedential

Modified Date: 8/5/2022