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Marking v. Clerk of the Court Supreme Court

Supreme Court of Nevada.
Jan 18, 2011
373 P.3d 939 (Nev. 2011)

Opinion

No. 57431.

01-18-2011

Michael MARKING; and Nancy E. Fleming, Petitioners, v. CLERK OF the COURT SUPREME COURT, State of Nevada, Respondent, and Integrated Systems, Inc.; and Wind River Systems, Inc., Real Parties in Interest.

Michael Marking Nancy E. Fleming Cooley Godward Kronish LLP Robison Belaustegui Sharp & Low


Michael Marking

Nancy E. Fleming

Cooley Godward Kronish LLP

Robison Belaustegui Sharp & Low

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

This original proper person petition for a writ of mandamus asks this court to review its rules regarding representation of business entities by nonlawyers, asserting constitutional objections to this court's current policies and rules. Petitioners' request is based on this court's dismissal of their corporation's appeal in Docket No. 52912, after the corporation's counsel withdrew, as well as an order denying a previous petition in Docket No. 56567 that suggested a legal remedy in the form of a rehearing petition.

We grant petitioners' motion to waive the filing fee, NRAP 21(e) ; accordingly, no fee is due.

Having considered the petition, we are not persuaded that writ relief is warranted to alter this court's longstanding precedent regarding representation by nonlawyers. NRAP 21(b)(1) ; Smith v. District Court, 107 Nev. 674, 818 P.2d 849 (1991) ; see, e.g., Salman v. Newell, 110 Nev. 1333, 1336, 885 P.2d 607, 608 (1994) (observing that no statute or rule permits a nonlawyer to represent an entity and concluding that an entity cannot proceed in proper person). Accordingly, we ORDER the petition DENIED.


Summaries of

Marking v. Clerk of the Court Supreme Court

Supreme Court of Nevada.
Jan 18, 2011
373 P.3d 939 (Nev. 2011)
Case details for

Marking v. Clerk of the Court Supreme Court

Case Details

Full title:Michael MARKING; and Nancy E. Fleming, Petitioners, v. CLERK OF the COURT…

Court:Supreme Court of Nevada.

Date published: Jan 18, 2011

Citations

373 P.3d 939 (Nev. 2011)