Spar Business Services, Inc. v. OlsonAnnotate this Case
The Supreme Court affirmed the order of the district court dismissing Appellant's timely petition for judicial review of an administrative decision, holding that because Appellant did not demonstrate good cause for untimely serving the petition the district court properly dismissed the petition.
Pursuant to Nev. Rev. Stat. 233B.130(5), Appellant had to serve its timely filed petition for judicial review within forty-five days. Appellant, however, served the petition fifteen days after the forty-five-day deadline had passed. The district court dismissed the petition, finding that Appellant did not effect service within the required deadline and did not show good cause to extend the service deadline. The Supreme Court affirmed, holding (1) the forty-five-day service requirement is not a jurisdictional requirement because section 233B.130(5) affords the district court discretion to extend the time frame upon a showing of good cause; but (2) the district court did not abuse its discretion in finding that Appellant failed to show good cause under the circumstances.