Thursday, September 29, 2011

Weddell v. Stewart, 127 Nev. Adv. Op. 58 (Sept. 29, 2011)

Before the Court en banc. Per curiam opinion.
The Court denied two motions for reconsideration in an opinion to emphasize the importance of complying with the Court’s procedural rules. In this case, appellant filed three separate notices of appeal, one from the merits of the underlying action, one from an order granting attorneys’ fees, and one from the order denying a motion to set aside the judgment. Appellants paid the filing fee for the notice of appeal filed on the merits of the case, but failed to pay a filing fee for the other two notices of appeal despite repeated warnings issued in Supreme Court orders. As such, the Court dismissed the two appeals in which fees had not been paid. Emphasizing that the Court has neither time nor money to police the payment of fees, the Court warns that it will take no action on any appeal until appropriate fees have been paid and, if the matter is docketed without payment of fees, the Court Clerk will issue a single notice demanding payment. After that notice, if the fees are not timely paid, the Court will dismiss the appeal. Motions denied. (Kerry S. Doyle, Associate in the Reno office of McDonald Carano Wilson)