Halbritter Vs. Dist. Ct. (Beaudoin)
This text of Halbritter Vs. Dist. Ct. (Beaudoin) (Halbritter Vs. Dist. Ct. (Beaudoin)) 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.
Opinion
IN THE SUPREME COURT OF THE STATE OF NEVADA
KAREN HALBRITTER; AND KEOLIS No. 76204 TRANSIT SERVICES, LLC, Petitioners, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND LARRY C. JOHNS, JUDGE PRO TEMPORE, JUL 2 4 2019 Respondents, 7K --M coURT ULERK . and BY DEPUTY C CHERYLETHIA BEAUDOIN, INDIVIDUALLY AND ON BEHALF OF ARMANI BEAUDOIN, A MINOR; URIAH CANDLER, A MINOR; DEAANGEL CANDLER; AND JACQUE LACOUR, Real Parties in Interest.
ORDER DENYING PETITION FOR WRIT OF PROHIBITION
This original petition for a writ of prohibition challenges a district court order granting a motion to set aside a stipulation between the parties to enter the short trial program. Having considered the petition, answer thereto, reply, and supporting documentation, we conclude that our extraordinary and discretionary intervention is not warranted. See Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). A writ of prohibition may be warranted when a district court acts without or in excess of its jurisdiction. NRS 34.320; Club Vista Fin. Servs. v. Eighth
SUPREME COURT OF NEVADA
(0) 1947A 446/412. Judicial Dist. Court, 128 Nev. 224, 228, 276 P.3d 246, 249 (2012). Here, petitioners have not demonstrated that, in setting aside the stipulation, the court lacked or acted in excess of its jurisdiction. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (Petitioners carry the burden of demonstrating that extraordinary relief is warranted."). Accordingly, we ORDER the petition DENIED.
J. Hardesty
J.
Silver
cc: Larry C. Johns Wilson, Elser, Moskowitz, Edelman & Dicker, LLP/Las Vegas Tingey & Tingey Stucki Injury Law Eighth District Court Clerk
SUPREME COURT OF NE1MDA 2 (0) OVA ADID.
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