Opinion
No. 76861-COA
08-29-2019
CHENTILL BEARD, Appellant, v. PRESTON P. REZAEE, ESQ.; AND THE FIRM, P.C., Respondents.
ORDER OF AFFIRMANCE
Chentill Beard appeals from a district court judgment entered on an arbitration award. Eighth Judicial District Court, Clark County; Joanna Kishner, Judge.
Beard filed a lawsuit against respondents Preston P. Rezaee, Esq. and The Firm, P.C., which was ultimately decided in court annexed arbitration. The arbitration award, which was served on December 21, 2017, found in favor of respondents on Beard's claim. Beard filed a request for trial de novo on February 9, 2018. Ultimately, the district court entered judgment on the arbitration award, which noted that no timely request for trial de novo had been filed. This appeal followed.
Review on appeal from a judgment entered on an arbitration award is limited to decisions refusing a request for trial de novo and/or written district court interlocutory orders disposing of a portion of the action. See NAR 18(F), 19(B). Here, there was no interlocutory order disposing of a portion of the action so the only potentially reviewable issue relates to Beard's request for trial de novo. But a review of the record reveals this request was untimely as it was not filed within thirty days of service of the arbitration award and Beard admits, in her informal appellate brief, that her request was untimely. See NAR 18(A). Therefore, the district court correctly noted that there was no timely filed request for trial de novo. And as the thirty day filing requirement is jurisdictional, it was proper for the court to not consider the request for trial de novo and to enter judgment on the arbitration award. See NAR 18(B) and (F). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
To the extent Beard's informal brief could be read as raising other issues and arguments, we conclude they do not provide a basis for relief. --------
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Joanna Kishner, District Judge
Chentill Beard
Law Office of David Sampson
Eighth District Court Clerk