State Vs. Payne (Nicole)

• Court: Nevada Supreme Court
• Decided: July 30, 2020
• Docket: 81267
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

THE STATE OF NEVADA, No. 81267 Appellant, vs. NICOLE MARIE PAYNE, Respondent. FILED JUL 3 0 2020 ELIZABETH A. BROWN CLERK OF SUPREME COURT BY-5 • O 4". DEPUTY C:MR --'4-' Ilt4.61 (

ORDER DISMISSING APPEAL

This is an appeal from a district court order dismissing an appeal from a justice court order granting a motion in limine. Sixth Judicial District Court, Humboldt County; Michael Montero, Judge. When this court's review of the notice of appeal revealed a potential jurisdictional defect, this court ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Specifically, this case arose in the justice court. The district court has final appellate jurisdiction over a case arising in the justice court. Nev. Const. art. 6, § 6; Waugh v. Casazza, 85 Nev. 520, 458 P.2d 359 (1969). In response, appellant does not assert any basis for this court's appellate jurisdiction over this appeal. Instead, appellant suggests that the appeal should be treated as a petition for a writ of mandamus. This court lacks jurisdiction over this appeal from the justice court order, id. and declines to treat the notice of appeal as a petition for a writ of mandamus. Accordingly, this appeal is dismissed. Appellant may

SUPREME COURT OF NEVADA

(0) I947A *ADP ,10-A77741 file a petition for a writ of mandamus in accordance with NRAP 21, if deemed warranted. It is so ORDERED.

Gibbon • .4 ,J Stiglich Silver

cc: Hon. Michael Montero, District Judge Attorney General/Carson City Humboldt County District Attorney Dolan Law, LLC Humboldt County Clerk

(0) I947A 4401. 2 •••••• • ,