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Walter v. Domino's Pizza LLC

COURT OF APPEALS OF THE STATE OF NEVADA
Feb 27, 2017
No. 71543 (Nev. App. Feb. 27, 2017)

Opinion

No. 71543

02-27-2017

JUANITA WALTER, Appellant, v. DOMINO'S PIZZA LLC, Respondent.


ORDER OF AFFIRMANCE

This is an appeal from a district court order dismissing a petition for judicial review in a workers' compensation matter. Eighth Judicial District Court, Clark County; Douglas Smith, Judge.

Appellant sought judicial review of an appeals officer's decision affirming closure of her claim without a permanent partial disability evaluation. The district court dismissed the petition under NRS 233B.130(2)(a), which requires the petition to name the agency and all parties of record to the administrative proceeding. See Washoe Cty. v. Otto, 128 Nev. 424, 432-33, 282 P.3d 719, 725 (2012) (providing that a party seeking judicial review of an administrative agency's decision must strictly comply with the Administrative Procedure Act's jurisdictional procedural requirements, including those set forth in NRS 233B.130(2), to invoke the district court's jurisdiction). This appeal followed.

On appeal, appellant provides only a summary list of purported district court errors without developing any arguments or providing any explanation as to these alleged errors. With regard to the district court's determination that appellant failed to comply with NRS 233B.130(2)(a), appellant's statement of district court error simply provides "[p]roper [n]ames were not listed." But appellant does not assert that she somehow satisfied NRS 233B.130(2)(a)'s requirements by merely naming her employer in the petition or otherwise explain why she believes the dismissal of her petition on this basis was improper. Consequently, we decline to consider this argument. See Edwards v. Emperor's Garden Rest, 122 Nev. 317, 330 n.38, 130 P.3d 1280, 1288 n.38 (2006) (refusing to consider appellate challenges not supported by cogent argument). And because appellant failed to demonstrate that the district court incorrectly found that she failed to name all parties of record in the petition, we necessarily affirm the court's determination that this failure deprived the court of jurisdiction over the petition such that dismissal was required. See NRS 233B.130(2)(a); Otto, 128 Nev. at 432-33, 282 P.3d at 725.

It is so ORDERED.

In light of our resolution of this matter, we need not reach appellant's remaining appellate arguments. --------

/s/_________, C.J.

Silver

/s/_________, J.

Tao

/s/_________, J.

Gibbons cc: Hon. Douglas Smith, District Judge

Juanita Walter

Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas

Eighth District Court Clerk


Summaries of

Walter v. Domino's Pizza LLC

COURT OF APPEALS OF THE STATE OF NEVADA
Feb 27, 2017
No. 71543 (Nev. App. Feb. 27, 2017)
Case details for

Walter v. Domino's Pizza LLC

Case Details

Full title:JUANITA WALTER, Appellant, v. DOMINO'S PIZZA LLC, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Feb 27, 2017

Citations

No. 71543 (Nev. App. Feb. 27, 2017)