Opinion
No. 84367
11-16-2022
The LAW OFFICE OF DANIEL S. SIMON, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; and the Honorable Tierra Danielle Jones, District Judge, Respondents, and Edgeworth Family Trust ; and American Grating, LLC, Real Parties in Interest.
ORDER DENYING PETITION
Simon argues the district court incorrectly calculated the attorney fee award. But we already reviewed the challenged district court order in a direct appeal, Edgeworth Family Tr. v. Simon, Nos. 83258/83260, 2022 WL 4298625 (Nev. Sept. 16, 2022) (Order Vacating Judgment and Remanding), where we vacated the fee award and remanded for further proceedings. As a result, Simon has no order to challenge, and his petition is thus moot. See Nat'l Collegiate Athletic Ass'n v. Univ. of Nev., Reno, 97 Nev. 56, 58, 624 P.2d 10, 11 (1.981) ("A moot case is one which seeks to determine an abstract question which does not rest upon existing facts or rights."). We decline to hear this moot petition. See Smith v. Eighth Judicial Dist. Court , 107 Nev. 674 677, 818 P.2d 849, 851 (1991) (holding that whether to consider a writ petition is discretionary). Accordingly, we
We denied real parties in interest's petition for rehearing on October 31, 2022.
ORDER the petition DENIED.