Las Vegas Surgicare, Ltd. Vs. Dist. Ct. (Marquez-Espino)

• Court: Nevada Supreme Court
• Decided: September 16, 2021
• Docket: 83155
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

LAS VEGAS SURGICARE, LTD., D/B/A No. 83155 LAS VEGAS SURGERY CENTER, Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT FILED COURT OF THE STATE OF NEVADA, SEP 1 t 2021 IN AND FOR THE COUNTY OF • 13S.OWN CLARK; AND THE HONORABLE DAVID M. JONES, DISTRICT JUDGE, WIRY CLERK -- Respondents, and ALLERY KANE MARQUEZ-ESPINO, Real Party in Interest.

ORDER DENYING PETITION This original petition for a writ of mandamus challenges a district court order denying a motion to dismiss. Having considered the petition and its documentation, we are not persuaded that our extraordinary and discretionary intervention is warranted. See Walker v. Second Judicial Dist. Court, 136 Nev., Adv. Op. 80, 476 P.3d 1194, 1198 (2020) (declining to grant writ relief when a later appeal was available); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is warranted); 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). Generally, we will not consider writ petitions challenging orders denying motions to dismiss, and we are not persuaded that any exception to the general rule applies here. Int'l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197-98,

2i-Ztg8L1 179 P.3d 556, 558-59 (2008) (discussing writ petitions challenging denials of motions to dismiss); see also Walker, 476 P.3d at 1199 (declining to provide writ relief when the underlying issue involved factual disputes). We therefore ORDER the petition DENIED.'

AG-4 , C.J. Hardesty

„east,...11 , J. Sr.J. Stiglich

cc: Hon. David M. Jones, District Judge Hall Prangle & Schoonveld, LLC/Las Vegas Bighorn Law/Las Vegas Eighth District Court Clerk

'The Honorable Mark Gibbons, Senior Justice, participated in the decision of this matter under a general order of assignment.