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Kinney v. Wen Yu Jiang

COURT OF APPEALS OF THE STATE OF NEVADA
Jul 13, 2016
No. 68358 (Nev. App. Jul. 13, 2016)

Opinion

No. 68358

07-13-2016

KRYSTINA LEE KINNEY, AN INDIVIDUAL; AND BYRNE KINNEY, AN INDIVIDUAL, Appellants, v. WEN YU JIANG; AND DOU XING JIANG, Respondents.


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


Summaries of

Kinney v. Wen Yu Jiang

COURT OF APPEALS OF THE STATE OF NEVADA
Jul 13, 2016
No. 68358 (Nev. App. Jul. 13, 2016)
Case details for

Kinney v. Wen Yu Jiang

Case Details

Full title:KRYSTINA LEE KINNEY, AN INDIVIDUAL; AND BYRNE KINNEY, AN INDIVIDUAL…

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Jul 13, 2016

Citations

No. 68358 (Nev. App. Jul. 13, 2016)