The real party in interest Richard Matthews brought an action for unpaid attorney’s fees against the petitioner Dean Sellers in Elko, Nevada’s Justice Court. Both Matthews, an attorney, and Sellers, a non-attorney, represented themselves. The court entered judgment for Matthews. The award included Matthews’ principle claim of $5,075.00, pre-judgment interest, costs of $230.001 and attorney’s fees of $1,500.002. Sellers unsuccessfully appealed to the District Court.3 Subsequently, Sellers filed a proper person petition for a writ of certiorari in the Nevada Supreme Court. The petition challenged the justice court’s judgment awarding damages, pre-judgment interest, costs and attorney fees. The court granted the petition in part, holding that the justice’s court did not exceed its jurisdiction by awarding damages, pre-judgment interest and costs.4 However, the court did find that the justice’s court exceeded its jurisdiction by awarding attorney’s fees to Matthews.
Nevada Law Journal, "Summary of Sellers v. Fourth Judicial Dist. Ct." (2003). Nevada Supreme Court Summaries. 744.