RAPPA VS. DIST. CT. (LORICO) (FAMILY)

Key holdings

Practitioner summary

This is an order dismissing an original writ proceeding based on a stipulation of the parties. The petitioner sought extraordinary relief in the form of a writ of mandamus and/or prohibition. Rather than reaching the merits, the Court of Appeals acted on the parties' stipulation to dismiss, under which each party would bear its own attorney fees and costs. The court approved the stipulation pursuant to NRAP 42 and dismissed the petition. No standard of review was applied and no doctrinal framework was analyzed, as the disposition rests solely on the stipulated dismissal.

In plain language

This is a very short procedural order, not a decision on the merits of any dispute. Germana Rappa had asked the Court of Appeals for a writ of mandamus and/or prohibition - a type of court order that asks a higher court either to direct a lower court to do something it is required to do (mandamus) or to stop a lower court from doing something it should not do (prohibition). The case arose out of the family division of the Eighth Judicial District Court in Clark County, and the other person involved (the "real party in interest") was Aurelio Lorico. Before the court decided anything about the underlying issues, both sides agreed to end the matter. They filed a stipulation - a formal agreement between the parties - to dismiss the petition, and they agreed that each side would pay its own attorney fees and costs. The court approved that agreement and dismissed the petition. The opinion does not describe what the underlying dispute was about or resolve any legal question.