Law Office Of Daniel S. Simon v. Dist. Ct. (Edgeworth Family Tr.)

IN THE SUPREME COURT OF THE STATE OF NEVADA

THE LAW OFFICE OF DANIEL S. No. 84367 SIMON,

Petitioner, vs.

THE EIGHTH JUDICIAL DISTRICT FILED COURT OF THE STATE OF NEVADA,

IN AND FOR THE COUNTY OF NOV 1 6 21322 CLARK; AND THE HONORABLE

TIERRA DANIELI.:E JONES, 'DISTRICT

JUDGE,

Respondents, and

EDGEWORTH FAMILY TRUST; AND

AMERICAN GRATING, LLC,

Real Parties in Interest.

ORDER DENYING PETITION

This original petition for a writ of prohibition or mandamus challenges a district court order awarding petitioner Daniel Simon attorney fees in quantum meruit. 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),1 where we vacated the fee award and remanded for further proceedings. As a result, Sinion has no order to challenge, and his petition is thus moot. See Nat'l CollegiateAthletic Ass'n v. Univ. of Nev., Reno, 97 Nev. 56, 58, 624 P.2d 10, 11 (1981) CA moot case is one which seeks to determine an abstract question which does not rest upon existing facts or

'We denied real parties in interest's petition for rehearing on October 31., 2022.

SUPREME COURT

OF

NEVADA

If I ) I 947A 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 . ORDER the petition DENIED.

/

Hardesty

Stiglich j.

Herndon cc: Hon. Tierra Danielle Jones, :District Judge

Steve Morris

Rosa Solis-Rainey

Morris Law Group

James R. Christensen

Eighth District Court Clerk