Opinion
No. 67415
03-12-2015
PETER JASON HELFRICH, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This original petition for a writ of mandamus asks this court to compel the district court to transfer venue of the underlying district court action. Petitioner argues that the district court has failed to transfer venue to the First Judicial District Court after issuing an order finding that venue was proper in that court. Petitioner's appeal from the district court's order transferring venue to the First Judicial District Court is currently pending before this court in Docket No. 66711, however, and the district court therefore lacks jurisdiction to transfer venue of the underlying case until that appeal has been resolved. Foster v. Dingwall, 126 Nev. ___, ___, 228 P.3d 453, 454-55 (2010) (holding that a timely notice of appeal from an appealable order divests the district court of jurisdiction to act on that order). Accordingly, we
ORDER the petition DENIED.
/s/_________, J.
Parraguirre
/s/_________, J.
Douglas
/s/_________, J.
Cherry
cc: Peter Jason Helfrich
Attorney General/Carson City
Eighth District Court Clerk