Smoketree Grp., Llc Vs. Dist. Ct. (Newton)

• Court: Nevada Supreme Court
• Decided: March 16, 2020
• Docket: 80793
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

SMOKETREE GROUP,U,C, A No. 80793 NEVADA LIMITED :LIABILITY COMPANY; AND SMOKETREE, LLC, A NEVADA LIMITED LIABILITY COMPANY, •Petitioners, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, FILE IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE MAR 1 6 2020 MARY KAY HOLTHUS, DISTRICT EUZABETH A. BROWN CLERK OF SUPREME COURT JUDGE, BY Respondents, DEPUTY CLERK

and CARSON WAYNE NEWTON, AN INDIVIDUAL; KATHLEEN NEWTON, AN INDIVIDUAL; AND WN ARAMUS ARABIANS, LLC, A NEVADA LIMITED LIABILITY COMPANY, Real Parties in :interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

This original petition for a writ of mandamus challenges an oral district court ruling granting a preliminary injunction and allowing real parties in interest to take possession of the personal property over which the parties are disputing ownership. Having considered the petition and supporting documents, we are not persuaded that our extraordinary and discretionary intervention is warranted. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991); see also Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the party seeking writ

SUPREME COURT OF NEVADA

• IYJ7 .242ND «» relief bears the burden of showing such relief is warranted). Nothing in this order precludes petitioner from appealing from any preliminary injunction entered in this case, if appropriate. Accordingly, we ORDER the petition DENIED.'

J.

J. Stiglich

J. Silver

cc: Hon. M.ary Kay Ho'thus, District Judge Wiley Petersen The jimmerson Law -Firm, P.0 lEighth District Court Clerk

'In light of this order, petitioner's emergency motion for stay is denied as moot. SUPREME COURT or NEVADA 2 ot11 1947A eatOW.