Summary
The Nevada Supreme Court affirmed dismissal of Helen Jorrin’s petition for judicial review of an Employment Security Division Board of Review decision denying unemployment benefits. The court held that NRCP 6(d)’s three-day mailing rule does not extend the statutory deadline under NRS 612.530(1), which runs from the date the Board’s decision becomes final rather than from service of the decision. The court overruled Kame v. Employment Security Department to the extent it held otherwise.
Topics
Practice areas
Questions Presented
- Whether NRCP 6(d)'s three-day mailing extension applies to the statutory deadline for filing a petition for judicial review under NRS 612.530(1).
- Whether Jorrin's untimely petition deprived the district court of jurisdiction.
- Whether the district court abused its discretion by denying Jorrin's motion to alter or amend the dismissal order.
Holdings
- NRCP 6(d)'s three-day mailing rule does not extend the deadline for filing a petition for judicial review under NRS 612.530(1), because that statute measures the filing period from the date the Board of Review decision becomes final rather than from service of the decision.
- Jorrin's petition was untimely, and the district court properly dismissed it for lack of jurisdiction.
- The district court did not abuse its discretion in denying Jorrin's motion to alter or amend the dismissal order.
Key quotations
“NRCP 6(d)'s three-day mailing rule does not apply to extend the time period for filing a petition for judicial review under NRS 612.530(1)” (at 1)
“We overrule Kame v. Employment Security Department, 105 Nev. 22, 769 P.2d 66 (1989), to the extent it holds that NRCP 6(d)'s three-day mailing period can extend the deadline to file a petition for judicial review under NRS 612.530(1).” (at 6)
Factual background
Helen Jorrin sought unemployment benefits but was denied after an appeals referee confirmed the denial. The Employment Security Division Board of Review denied further relief and stated that its decision became final on September 7, 2021, with a September 20 deadline for seeking judicial review. Jorrin filed her petition on September 21 and argued that service by mail triggered NRCP 6(d)'s three-day extension.
Procedural history
Jorrin was denied unemployment benefits, and an appeals referee and the Employment Security Division Board of Review upheld the denial. The Board's decision became final on September 7, 2021, and Jorrin filed a petition for judicial review on September 21, one day after the applicable deadline. The district court dismissed the petition for lack of jurisdiction and denied Jorrin's motion to alter or amend the judgment. The Nevada Supreme Court affirmed.