Southworth v. Eighth Judicial District Court

The time to appeal outlined in the Justice Court Rules of Civil Procedure (JCRCP), specifically the five-day period set forth in JCRCP 98, is jurisdictional and mandatory, therefore removing for the district court’s jurisdiction an untimely appeal from justice court.Petitioner filed a small claims complaint against real party in interest Las Vegas Paving Corporation (LVPC). The justice of the peace pro tempore granted Petitioner full relief. LVPC appealed to the district court. Petitioner moved to have the appeal dismissed under JCRCP 98. The district court denied the motion, thereby exerting jurisdiction to hear the matter despite an untimely appeal. Petitioner petitioned the Supreme Court for a writ of mandamus or prohibition arresting the district court’s improper exercise of jurisdiction or compelling the district court to grant his motion to dismiss. The Supreme Court granted the petition, holding that because LVPC filed its appeal outside the allotted five-day period, the district court did not have jurisdiction to entertain LVPC’s untimely appeal. View "Southworth v. Eighth Judicial District Court" on Justia Law