Cobra Thermosolar Plants, Inc. Vs. Dist. Ct. (Brahma Grp., Inc.)

Nevada Supreme Court

Cobra Thermosolar Plants, Inc. Vs. Dist. Ct. (Brahma Grp., Inc.)

Nevada Supreme Court·Decided April 15, 2020·No. 80706·Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

COBRA THERMOSOLAR PLANTS, No. 80706 INC.; AND AMERICAN HOME ASSURANCE COMPANY, Petitioners, vs.

FILED

THE FIFTH JUDICIAL DISTRICT APR 1 5 2020 COURT OF THE STATE OF NEVADA, EUZABETH A. e;-totim '211 SUPRE E COURT

IN AND FOR THE COUNTY OF NYE; -

BY glita A t: 1 14

AND THE HONORABLE STEVEN CIBIK

ELLIOTT, Respondents,

and BRAHMA GROUP, INC., Real Party in Interest.

ORDER DENYING PETITION FOR A WRIT OF MANDAMUS, OR, ALTERNATIVELY, PROHIBTITION

In this original petition for a writ of mandamus, or, alternatively, prohibition, petitioner asks this court to direct Nye County to vacate its order denying petitioner's motion for a stay and stay the entire action pending resolution of the Federal action.

We deny the instant petition as moot. "The question of mootness is one of justiciability. This court's duty is not to render advisory opinions but, rather, to resolve actual controversies by an enforceable judgment." Personhood Nev. v. Bristol, 126 Nev. 599, 602, 245 P.3d 572, 574 (2010). "A moot case is one which seeks to determine an abstract question which does not rest upon existing facts or rights." Nat'l Collegiate Athletic Ass'n v. Univ. of Nev., Reno, 97 Nev. 56, 58, 624 P.2d 10, 11 (1981). Here, this court entered an order staying the entire Nye County action in Tonopah Solar Energy, LLC v. Fifth Judicial Dist. Court of State ex rel.

SUPREME COURT OF NEvADA

(0) I947A 446*(4 2-0- 149)101

County of Nye (Brahma), Docket No. 78256 (Order Granting Stay and Granting Motion to Strike, March 27, 2020). Thus, because the relief petitioner seeks has already been granted, we deny the instant petition as moot. Accordingly, we

ORDER the petition DENIED.

ieklA , C.J.

Pickering

Hardesty Cadish ceiA , J.

cc: Chief Judge, The Fifth Judicial District Court Hon. Steven Elliott, Senior Judge Weil & Drage, APC Kelley, Drye & Warren LLP Peel Brimley LLP/Henderson Nye County Clerk

SUPREME COURT OF NEVADA

(0) 1947A ApED

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IN THE SUPREME COURT OF THE STATE OF NEVADA

COBRA THERMOSOLAR PLANTS, No. 80706 INC.; AND AMERICAN HOME ASSURANCE COMPANY, Petitioners, vs.

FILED

THE FIFTH JUDICIAL DISTRICT APR 1 5 2020 COURT OF THE STATE OF NEVADA, EUZABETH A. e;-totim '211 SUPRE E COURT

IN AND FOR THE COUNTY OF NYE; -

BY glita A t: 1 14

AND THE HONORABLE STEVEN CIBIK

ELLIOTT, Respondents,

and BRAHMA GROUP, INC., Real Party in Interest.

ORDER DENYING PETITION FOR A WRIT OF MANDAMUS, OR, ALTERNATIVELY, PROHIBTITION

In this original petition for a writ of mandamus, or, alternatively, prohibition, petitioner asks this court to direct Nye County to vacate its order denying petitioner's motion for a stay and stay the entire action pending resolution of the Federal action.

We deny the instant petition as moot. "The question of mootness is one of justiciability. This court's duty is not to render advisory opinions but, rather, to resolve actual controversies by an enforceable judgment." Personhood Nev. v. Bristol, 126 Nev. 599, 602, 245 P.3d 572, 574 (2010). "A moot case is one which seeks to determine an abstract question which does not rest upon existing facts or rights." Nat'l Collegiate Athletic Ass'n v. Univ. of Nev., Reno, 97 Nev. 56, 58, 624 P.2d 10, 11 (1981). Here, this court entered an order staying the entire Nye County action in Tonopah Solar Energy, LLC v. Fifth Judicial Dist. Court of State ex rel.

SUPREME COURT OF NEvADA

(0) I947A 446*(4 2-0- 149)101

County of Nye (Brahma), Docket No. 78256 (Order Granting Stay and Granting Motion to Strike, March 27, 2020). Thus, because the relief petitioner seeks has already been granted, we deny the instant petition as moot. Accordingly, we

ORDER the petition DENIED.

ieklA , C.J.

Pickering

Hardesty Cadish ceiA , J.

cc: Chief Judge, The Fifth Judicial District Court Hon. Steven Elliott, Senior Judge Weil & Drage, APC Kelley, Drye & Warren LLP Peel Brimley LLP/Henderson Nye County Clerk

SUPREME COURT OF NEVADA

(0) 1947A ApED

Cobra Thermosolar Plants, Inc. Vs. Dist. Ct. (Brahma Grp., Inc.), (Neb. 2020).

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