Law Office Of Daniel S. Simon v. Dist. Ct. (Edgeworth Family Tr.)
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Opinion
IN THE SUPREME COURT OF THE STATE OF NEVADA
THE LAW OFFICE OF DANIEL S. No. 84367 SIMON,
Petitioner,
VS. Ki
THE EIGHTH JUDICIAL DISTRICT i L P= E COURT OF THE STATE OF NEVADA,
IN AND FOR THE COUNTY OF NOV 16 2022
CLARK; AND THE HONORABLE TIERRA DANIELLE JONES, DISTRICT JUDGE, Respondents, and EDGEWORTH FAMILY TRUST; AND AMERICAN GRATING, LLC,
_Real Parties in Interest.
ORDER DENYING PETITION
This original petition for a writ of prohibition or mandamus challenges a district court order awarding petitioner Daniel Simon attorney fees in quantum meruit. Simon argues the district court incorrectly calculated the attorney fee award. But we already reviewed the challenged district court order in a direct appeal, Edgeworth Family Tr. v. Simon, Nos. 83258/83260, 2022 WI, 4298625 (Nev. Sept. 16, 2022) (Order Vacating Judgment and Remanding),' where we vacated the fee award and remanded for further proceedings. As a result, Simon has no order to challenge, and his petition is thus moot. See Natl Collegiate Athletic Ass'n v. Univ. of Nev., Reno, 97 Nev. 56, 58, 624 P.2d 10, 11 (1981) (“A moot case is one which seeks
to determine an abstract question which does not rest upon existing facts or
We denied real parties in interest’s petition for rehearing on October 31, 2022.
Supreme Court OF NEVADA
rr 21 ee
rights.”). We decline to hear this moot petition. See Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (holding that whether to consider a writ petition is discretionary). Accordingly, we
ORDER the petition DENIED.
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A gs “ , a. Stiglich
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ec: Hon. Tierra Danielle Jones, District Judge Steve Morris Rosa Solis-Rainey Morris Law Group James R. Christensen Eighth District Court Clerk
SuPREME CouRT OF Nevapa
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