Farmers Ins. Exchange Vs. Dist. Ct. (Herrera)

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

FARMERS INSURANCE EXCHANGE, No. 80259 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; FILF'D AND THE HONORABLE KENNETH C. CORY, DISTRICT JUDGE, JAN 2 3 A. BROWN

Respondents, ELIZ?

CLERK R.:7,11.E COURT and BY DEPUTY CLERK

SANDY HERRERA, Real Party in Interest.

ORDER DENYING PETITION

FOR WRIT OF MANDAMUS OR PROHIBITION This original petition for a writ of mandamus or prohibition challenges a district court order denying a motion for partial summary judgment and granting a countermotion for partial summary judgment. Having considered the petition and supporting documentation, we are not persuaded that our extraordinary and discretionary intervention is warranted at this time. See Smith V. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). In particular, we are not persuaded that an appeal from an adverse final judgment would fail to provide petitioner with an adequate legal remedy. See Pan v. Eighth

Judicial Dist. Court, 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004) (observing that the party seeking writ relief bears the burden of showing

SUPREMCOUFff OF NEVADA 70-07,410

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Ade.04 , C•J• Pickering

Gibbo

, Sr. J.

Douglas

cc: Hon. Kenneth C. Cory, District Judge The Feldman Firm, P.C. Ganz & Hauf/Las Vegas Eighth District Court Clerk

lIn light of this order, we deny petitioner's motion for stay as moot.

The Honorable Michael Douglas, Senior Justice, participated in the decision of this matter under a general order of assignment.

SUPREME COURT OF NEVADA

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