Opinion
No. 78308
08-01-2019
GLENN RICHARDSON, AN INDIVIDUAL; AND GAYLE RICHARDSON, AN INDIVIDUAL, Appellants, v. ADAM J. BREEDEN, ESQ., BREEDEN & ASSOCIATES, PLLC; AND MANDALAY CORP., D/B/A MANDALAY BAY RESORT & CASINO, A NEVADA CORPORATION, Respondents.
ORDER DISMISSING APPEAL
This is an appeal from a district court order entering judgment against appellants and in favor or respondents Adam J. Breeden, Esq. and Breeden & Associates, PLLC (Breeden) on Breeden's claim for adjudication of an attorney lien and claim for fees and costs. Eighth Judicial District Court, Clark County; Richard Scotti, Judge.
This court previously entered an order denying a motion to dismiss this appeal as untimely. The order explained that appellants filed a notice of appeal, and not an original petition for an extraordinary writ as contended by appellants. This court specifically instructed that if appellants wished to dismiss this appeal and proceed via an original writ petition, they must file a motion to dismiss this appeal and file a separate writ petition in accordance with NRAP 21.
Appellants have now filed a motion asking that this court recharacterize this appeal as a petition for a writ of mandamus. Alternatively, appellants seek to withdraw the appeal and file a petition for writ of mandamus within 14 days of the date the order dismissing the appeal is entered.
This court declines to recharacterize this appeal as a petition for a writ of mandamus. The alternative motion to dismiss this appeal is granted. This appeal is dismissed. Appellants may file a writ petition if deemed warranted. Counsel for appellants is encouraged to review the requirements of NRAP 21 prior to making any such filing.
This court expresses no opinion as to whether the order appellants seek to challenge is subject to review via appeal or original writ petition.
It is so ORDERED.
/s/_________, A.C.J. cc: Hon. Richard Scotti, District Judge
Lansford W. Levitt, Settlement Judge
The Law Offices of Robert D. Martin, P.C.
Lewis Roca Rothgerber Christie LLP/Las Vegas
Breeden & Associates
Lincoln, Gustafson & Cercos
Eighth District Court Clerk