Estate of M. Adams v. Dist. Ct. (Fallini)

 order does not sanction petitioner's attorney, such that the attorney could
challenge it personally through a writ petition.
Having considered the parties' arguments, we summarily deny
the writ petition, as it challenges a substantively appealable order. See
NRAP 3A(b)(8) (permitting an appeal from a special order entered after
final judgment, except for an order "granting a motion to set aside a
default judgment under NRCP 60(b)(1) when the motion was filed and
served within 60 days after entry of the default judgment"); Lindblom v.
Prime Hospitality Corp., 120 Nev. 372, 374 n.1, 90 P.3d 1283, 1284 n.1
(2004) (explaining that an order setting aside a default judgment is
appealable as a special order after final judgment if the motion to set aside
is made more than 60 days after entry of the judgment). In particular,
real party in interest's motion for relief from the judgment was filed more
than six months after entry of the judgment, and in granting the motion,
the district court specifically rejected real party in interest's "excusable
neglect" argument under NRCP 60(b)(1), noting that the motion was filed
well beyond the six-month window for moving for such relief under NRCP
60(b)(1).
While the order granting relief from the judgment based on a
finding of fraud was subject to challenge by appeal, notice of that order's
entry was served by mail on August 13, 2014, and petitioner did not file a
notice of appeal within the 33-day appeal period. See NRAP 4(a)(1); NRAP
26(c). Instead, petitioner filed this writ petition on September 17, 2014, 35
days after the order's notice of entry was served. See Pan v. Eighth
Judicial Dist. Court, 120 Nev. 222, 224-25, 88 P.3d 840, 841 (2004) (noting
that an appeal provides an adequate remedy that generally precludes writ
relief, and regardless, "writ relief is not available to correct an untimely
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notice of appeal"). Accordingly, we decline to consider the merits of this
writ petition, NRAP 21(b), and instead
ORDER the petition DENIED.
arraguirre
J.
Douglas
Ova
Cherry
cc: Hon. Robert W. Lane, District Judge
Aldrich Law Firm, Ltd.
Fabian & Clendenin, P.C. (Utah)
John Ohlson
Nye County Clerk
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