IN THE SUPREME COURT OF THE STATE OF NEVADA
WILLIAM ROWAN, No. 70087
Appellant,
vs.
THE STATE OF NEVADA, FILED
Respondent.
JUN 2 8 2016
TRACIg K. LINDEMAN
GLE. _
HIE DEP
ORDER DISMISSING APPEAL
This is an appeal from a district court order affirming a
conviction entered in the justice court and remanding for any further
proceedings. Eighth Judicial District Court, Clark County; Rob Bare,
Judge. When our initial review of this appeal revealed a potential
jurisdictional defect, we directed appellant to show cause why this appeal
should not be dismissed for lack of jurisdiction. Specifically, appellant's
case arose in justice court and the district court has "final appellate
jurisdiction in cases arising in Justices Courts." Nev. Cont. art 6, § 6; see
Tripp v. City of Sparks, 92 Nev. 362, 550 P.2d 419 (1976); Waugh v.
Casazza, 85 Nev. 520,458 P.2d 359 (1969).
In response, appellant asserts that this court has jurisdiction
to consider this appeal under NRAP 4(b)(1)(A) because that rule provides
that a notice of appeal must be filed within 30 days after entry of the
judgment or order being appealed, and he appeals from a district court
order. This contention lacks merit. NRAP 4(b)(1)(A) provides the time
within which a notice of appeal from a district court order must be filed
and does not address the substantive appealability of an order. Because
the district court has "final appellate jurisdiction in cases arising in
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Justices Courts" and appellant's case arose in Justice Court, we conclude
that we lack jurisdiction over this appeal.
Appellant asks that this court treat the notice of appeal as a
petition for a writ of certiorari in the event we determine that we lack
jurisdiction over the appeal. If counsel wishes to file a writ petition, he
may do so, but we decline to construe the notice of appeal as a petition for
a writ of certiorari. Accordingly, we
ORDER this appeal DISMISSED.
/
Hardesty
Saitta
cc: Hon. Rob Bare, District Judge
Tanasi Law Offices
Attorney General/Carson. City
Clark County District Attorney/Civil Division
Eighth District Court Clerk
William Rowan
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