Ahmead v. Dist. Ct. (Corpolo Avenue Trust)

• Court: Nevada Supreme Court
• Decided: January 26, 2015
• Docket: 67264
• Status: Unpublished

Opinion

cc: Hon. Douglas Smith, District Judge Persi J. Mishel, Settlement Judge Law Offices of Michael F. Bohn, Ltd. Anthony A. Zmaila Limited PLLC Robert P. Bettinger Eighth District Court Clerk granting a preliminary injunction without requiring respondent to post a bond. See Dangberg Holdings Nev. L.L.C. v. Douglas Cnty., 115 Nev. 129, 144-45, 978 P.2d 311, 320-21 (1999) ("We have previously held that the district court's failure to require the applicant to post security voids an order imposing a preliminary injunction."); Strickland v. Griz Corp., 92 Nev. 322, 323, 549 P.2d 1406, 1407 (1976) ("Where a bond is required by statute before the issuance of an injunction, it must be exacted or the order will be absolutely void.' (quoting Shelton v. Second Judicial Dist. Court, 64 Nev. 487, 494, 185 P.2d 320, 323-24 (1947))). Accordingly, we reverse the district court's order granting preliminary injunctive relief. In light of our disposition in Docket No. 63264, we are not persuaded that our intervention is warranted with respect to the writ petition filed in Docket No. 67264. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (recognizing that it is the petitioner's burden to demonstrate that this court's extraordinary intervention is warranted). Accordingly, we deny the writ petition in Docket No. 67264. 1 It is so ORDERED.

Parraguirre

,J Douglas Cherry

'In light of our resolution of the writ petition, petitioner's January 23, 2015, emergency stay motion is denied.