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SELLERS v. DIST. CT.

No. 40766.

71 P.3d 495 (2003)

Dean K. SELLERS, Petitioner, v. The FOURTH JUDICIAL DISTRICT COURT OF the STATE of Nevada, IN AND FOR the COUNTY OF ELKO, and the Honorable J. Michael Memeo, District Judge, Respondents, and Richard J. Matthews, Real Party in Interest.

Supreme Court of Nevada.

As Corrected July 9, 2003.

Attorney(s) appearing for the Case

Dean K. Sellers, Gilbert, Arizona, in Proper Person.

Matthews & Wines and Richard J. Matthews, Elko, for Real Party in Interest.

Before ROSE, MAUPIN and GIBBONS, JJ.

OPINION

PER CURIAM:

This proper person writ petition presents an issue of first impression—whether NRS 69.030 authorizes an award of attorney fees to a prevailing proper person litigant. We conclude that it does not and that a justice's court exceeds its jurisdiction by awarding attorney fees to a prevailing proper person litigant who has not incurred any obligation to pay attorney fees, even if the proper person litigant is an attorney.

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