Nguyen v. Aldrich

ruling on a trial de novo request for an abuse of discretion. Casino Properties, Inc. v. Andrews, 112 Nev. 132, 135-36, 911 P.2d 1181, 1183 (1996). Having reviewed the briefs and appendices on appeal, we conclude that the district court incorrectly dismissed appellant's trial de novo request based on the failure to pay the jury fees. NSTR 4(a)(1) requires the payment of "applicable juror fees." As argued by appellant, he did not seek a jury trial in his request for a trial de novo. Respondent likewise did not file a demand for a jury trial. Therefore, no jury fees were necessary in this proceeding. As there were no "applicable juror fees," appellant was under no obligation to pay for unnecessary jury fees. The same outcome results under the requirements of NSTR 31(b)(1). Accordingly, the district court abused its discretion in dismissing the request for a trial de novo and we

ORDER the judgment of the district court VACATED and we REVERSE AND REMAND this matter to the district court for proceedings consistent with this order.

J. Saitta cc: Hon. Connie J. Steinheimer, District Judge Hon. Janet J. Berry, District Judge

Donald D. Beury

Jazz Aldrich

Washoe District Court Clerk

SUPREME COURT

OF

NEVADA (0) 1947A '