Adoption Choices of Nev. v. Walker

Nevada Supreme Court

Adoption Choices of Nev. v. Walker

DecidedMarch 18, 2016

Docket69736

StatusUnpublished

This text of Adoption Choices of Nev. v. Walker (Adoption Choices of Nev. v. Walker) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Adoption Choices of Nev. v. Walker, (Neb. 2016).

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IN THE SUPREME COURT OF THE STATE OF NEVADA

ADOPTION CHOICES OF NEVADA, No. 69736 Petitioner, vs. THE HONORABLE EGAN K. WALKER, FILED DISTRICT JUDGE; AND THE SECOND MAR 1 8 2016 JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WASHOE, Resoondents.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS This is an original petition for a writ of mandamus challenging a district court order that denied a petition regarding termination of parental rights. Having considered the petition and appendix, we conclude petitioner has not demonstrated that our intervention by extraordinary writ relief is warranted. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Writ relief is typically not available when the petitioner has a plain, speedy, and adequate remedy at law. See NRS 34.170; Int? Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). An appeal is generally considered an adequate legal remedy precluding writ relief. See Pan, 120 Nev. at 224, 88 P.3d at 841. Here, an order denying a petition to terminate parental rights or for a declaration as to parental rights is appealable as a final judgment. See NRAP 3A(b)(1) (allowing an appeal from a final judgment); see also NRS 30.030 (providing that a declaration has the force and effect of a final judgment); NRS 30.090 (stating that orders and judgments issued under the Uniform Declaratory Judgments Act are reviewed in the same manner as other orders and judgments).

SUPREME COURT OF NEVADA

(0) 1947A e Accordingly, as petitioner has an adequate and speedy legal remedy available in the form of an appeal, we ORDER the petition DENIED.

Hardest A A.A StAim J.

, J. Saitta

ga).14 J. Pickering

cc: Hon. Egan K. Walker, District Judge, Family Court Division Eric A. Stovall Attorney General/Carson City Washoe District Court Clerk

SUPREME COURT OF NEVADA 2 (0) 1947A e

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IN THE SUPREME COURT OF THE STATE OF NEVADA

ADOPTION CHOICES OF NEVADA, No. 69736 Petitioner, vs. THE HONORABLE EGAN K. WALKER, FILED DISTRICT JUDGE; AND THE SECOND MAR 1 8 2016 JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WASHOE, Resoondents.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS This is an original petition for a writ of mandamus challenging a district court order that denied a petition regarding termination of parental rights. Having considered the petition and appendix, we conclude petitioner has not demonstrated that our intervention by extraordinary writ relief is warranted. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Writ relief is typically not available when the petitioner has a plain, speedy, and adequate remedy at law. See NRS 34.170; Int? Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). An appeal is generally considered an adequate legal remedy precluding writ relief. See Pan, 120 Nev. at 224, 88 P.3d at 841. Here, an order denying a petition to terminate parental rights or for a declaration as to parental rights is appealable as a final judgment. See NRAP 3A(b)(1) (allowing an appeal from a final judgment); see also NRS 30.030 (providing that a declaration has the force and effect of a final judgment); NRS 30.090 (stating that orders and judgments issued under the Uniform Declaratory Judgments Act are reviewed in the same manner as other orders and judgments).

SUPREME COURT OF NEVADA

(0) 1947A e Accordingly, as petitioner has an adequate and speedy legal remedy available in the form of an appeal, we ORDER the petition DENIED.

Hardest A A.A StAim J.

, J. Saitta

ga).14 J. Pickering

cc: Hon. Egan K. Walker, District Judge, Family Court Division Eric A. Stovall Attorney General/Carson City Washoe District Court Clerk

SUPREME COURT OF NEVADA 2 (0) 1947A e

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