Opinion
No. 63025
10-29-2013
WISHENGRAD LAW OFFICES, LLC, Appellant, v. PROGRESSIVE CASUALTY INSURANCE COMPANY, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123
ORDER DISMISSING APPEAL
This is an appeal from a district court order denying an appeal from, and affirming, a justice court order. Eighth Judicial District Court, Clark County; Ronald J. Israel, Judge.
When our preliminary review of the docketing statement and the NRAP 3(g) documents revealed a potential jurisdictional defect, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Specifically, we noted that the district court has final appellate jurisdiction over cases arising in justice courts. Nev. Const. art. 6, § 6; Tripp v. City of Sparks, 92 Nev. 362, 550 P.2d 419 (1976); Waugh v. Casazza, 85 Nev. 520, 521, 458 P.2d 359, 360 (1969).
In a timely response to our show cause order, appellant explains that this court should conclude that it has jurisdiction because, at one point, the case was in the district court, and then it was improperly transferred back to the justice court. Appellant asserts that it filed a justice court complaint in 2005 against respondent to recover upon its attorney's lien. The justice court, finding that the parties' arguments rested upon a prior district court determination relating to the attorney's lien and a purported settlement between the parties, transferred the case to the district court. In the district court, in March 2009, a judgment in appellant's favor was obtained, but the judgment was later set aside pursuant to post-judgment motions, and the matter was transferred back to the justice court. Ultimately, according to appellant, the justice court denied appellant relief, and appellant unsuccessfully appealed to the district court. Appellant argues that the justice court's original conclusion that appellant was seeking to enforce a district court determination relating to the attorney's lien installs in this court jurisdiction over this matter.
We disagree. As noted above, the Nevada Constitution in Article 6, Section 6, invests the district court with exclusive appellate jurisdiction over justice court orders. Accordingly, as regardless of its procedural history, this appeal is from a district court order rendered in the exercise of its appellate jurisdiction over justice court orders, we lack jurisdiction and thus
ORDER this appeal DISMISSED.
_________________, J.
Gibbons
_________________, J.
Parraguirre
_________________, J.
Douglas
cc: Hon. Ronald J. Israel, District Judge
Lawyerswest, Inc.
Prince & Keating, LLP
Eighth District Court Clerk