Ellis v. McDaniel

Gunderson, J., with whom Batjer, J., agrees,

dissenting:

We respectfully dissent.

Dickerson v. District Court, 82 Nev. 234, 414 P.2d 946 (1966), did not hold that a petition for extraordinary relief could be considered an appeal. Dickerson held, rather, that if this court “lulled” the petitioner into believing a petition for extraordinary relief would be considered, then this court would excuse consequent failure to appeal, and would consider jurisdictional issues proffered by the petition. The distinction is significant.1

Here, whether the scope of the preliminary injunction was erroneous in…