ROGER HILLYGUS v. THE STATE OF NEVADA (2026)

ORDER DISMISSING APPEAL

This is an appeal from a district court order dismissing an appeal from a justice court judgment. First Judicial District Court, Storey County; Jason Woodbury, Judge.

When this court's review of this appeal revealed a potential jurisdictional defect, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Specifically, we noted, appellant's case arose in the justice court, and the district court has final appellate jurisdiction over cases arising in the justice court. Nev. Const. art. 6, § 6; Waugh v. Casazza, 85 Nev. 520, 521, 458 P.2d 359, 360 (1969).

In his timely response, appellant acknowledges that the district court retains final appellate jurisdiction over cases arising in the justice court but explains that, here, the district court did not resolve the appeal on its merits, instead concluding that it lacked jurisdiction and dismissing the appeal. Therefore, appellant asserts, he is raising on appeal to this court only issues related to the perfection of the appeal to the district court and not the district court's review of the justice court's order. However, regardless of whether the district court reached the merits, it acted in its appellate capacity when it resolved the appeal. Appellant's case arose in the justice court, and this court thus lacks jurisdiction over it. See Thompson v. First Jud. Dist. Ct., 100 Nev. 352, 353, 683 P.2d 17, 18 (1984) (acknowledging the procedural dismissal of an appeal from a district court order dismissing, for failure to perfect under NRS 189.065, an appeal from the justice court and reviewing the issues raised by writ petition instead). Accordingly, we

ORDER this appeal DISMISSED.

Stiglich, J.

Cadish, J.

Lee, J.