Sears Vs. Dist. Ct. (Duynstee)

• Court: Nevada Supreme Court
• Decided: October 24, 2019
• Docket: 79586
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

LORRAINE SEARS, HEIR AND No. 79586 PERSONAL REPRESENTATIVE OF THE ESTATE OF GERALD MEAD, DECEASED, Petitioner, vs. THE FIFTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF NYE; AND THE HONORABLE KIMBERLY A. OCT 2 ri 2019 WANKER, DISTRICT JUDGE, ELIZABEM A. EJROWN CLERK OF SUPC,..EME COURT Respondents, BY DEPURK and EDZO DUYNSTEE, INDIVIDUALLY; EDZO DUYNSTEE, D/B/A EDZOAUTOMOTIVE REPAIR, AN UNINCORPORATED BUSINESS; MAZLO TRANSPORT, LLC, A DOMESTIC LIMITED LIABILITY COMPANY; AND CLIFFORD HULL, Real Parties in Interest.

ORDER DENYING PETITION FOR A WRIT OF MANDAMUS This original petition for a writ of mandamus challenges district court summary judgments in a tort action. Having considered the petition and appendices filed in this matter, we conclude that our extraordinary intervention is not warranted. See Halverson v. Miller, 124 Nev. 484, 487, 186 P.3d 893, 896 (2008) (recognizing that writ relief is an extraordinary remedy). In particular, petitioner has an adequate and speedy remedy in the form of an appeal from the final judgment, which precludes writ relief.

SUPREME COURT OF NEVADA

(0) 1947A NRS 34.170; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 88 P.3d 840, 841 (2004). Accordingly, we ORDER the petition DENIED.'

C.J. Gib

J. Parraguirre

, Sr. J. Douglas

cc: Hon. Kimberly A. Wanker, District Judge Richard Harris Law Firm Keating Law Group Moran Brandon Bendavid Moran Thorndal Armstrong Delk Balkenbush & Eisinger/Las Vegas Nye County Clerk

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

SUPREME COURT OF NEVADA 2 (0) 1947A 400