Aaron Kempf

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Case Synopsis

The Court gave two holding in their opinion. First, judicial economy supported consideration of a petition for a writ of mandamus where the issue raised was one of first impression. Here, that issues was whether municipal courts could award fees and expenses under Nev. Rev. Stat. § 41.0393. Second, Nev. Rev. Stat. § 41.0393(8) specifically defined the courts that may award attorney fees and litigation expenses as district courts and justice courts. As a result, the municipal court correctly concluded that it lacked authority to award such fees and expenses to the petitioner. Accordingly, a writ of mandamus petition challenging the municipal court’s decision was denied.