Opinion
No. 68358
07-13-2016
ORDER OF AFFIRMANCE
This is an appeal from a district court order granting a new trial in a tort action conducted under the short trial program. Eighth Judicial District Court, Clark County; James Crockett, Judge.
In this appeal, although appellants are challenging an order granting a new trial, the appendices they filed with their appellate briefs do not contain any of the motion practice from the underlying proceeding with regard to respondents' request for a new trial. Nor do the appendices include either a transcript of the short trial or a statement of the evidence pursuant to NRAP 9(d). Because these missing documents are necessary to our review of appellants' challenge to the order granting a new trial, we presume that they support the decision to grant a new trial. See Cuzze v. Univ. & Cmty. Coll. Sys. of Nev., 123 Nev. 598, 603, 172 P.3d 131, 135 (2007) (explaining that "appellants are responsible for making an adequate appellate record"). As a result, we necessarily conclude that the court did not abuse its discretion by granting respondents' motion for a new trial. See Edwards Indus., Inc. v. DTE/BTE, Inc., 112 Nev. 1025, 1036, 923 P.2d 569, 576 (1996) (providing that a trial court's decision to grant or deny a new trial is reviewed for an abuse of discretion). And we therefore affirm that decision.
It is so ORDERED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver cc: Hon. James Crockett, District Judge
Phillip Aurbach, Settlement Judge
Upson Smith/Las Vegas
Lin Law Group
Eighth District Court Clerk