Sobb, Llc Vs. Dist. Ct. (Tap Ur Fitness, Llc)

• Court: Nevada Supreme Court
• Decided: September 16, 2021
• Docket: 82650
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

SOBB, LLC, No. 82650 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, FILED IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE GLORIA SEP 1 b 2021 STURMAN, DISTRICT JUDGE, H BROWN Respondents, PREPAE COURT

BY 67e-ex—CI' and CLERK

TAP UR FITNESS, LLC, Real Party in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS This original petition for a writ of mandamus challenges a district court order denying summary judgment. Having considered the petition and supporting documents, we are not convinced that petitioner has met its burden of demonstrating that our extraordinary intervention is warranted. 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."); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (observing that "the issuance of a writ of mandamus or prohibition is purely discretionary with this coure). Generally, we will not consider writ petitions challenging orders denying motions for summary judgment, and we are not persuaded that any exception to the general rule applies here. Smith u. Eighth Judicial Dist. Court, 113 Nev. 1343, 1344-45, 950 P.2d 280, 281 (1997). Moreover, we have recognized that petitions for writ relief should not be utilized as a vehicle

SUPREME COURT OF NEVADA

(0) I V4 TA tel-ti&> 2.6VA2., „• - • .F.:414,1. for piecemeal appellate review. See W. Cab Co. v. Eighth Judicial Dist. Court, 133 Nev. 65, 67, 390 P.3d 662, 667 (2017). Accordingly, we ORDER the petition DENIED.'

Ac..A (IRA; , C.J. Hardesty

A1,45C..... J. Sr.J. Stiglich

cc: Hon. Gloria Sturman, District Judge Semenza Kircher Rickard Mueller & Associates Eighth District Court Clerk

'The Honorable Mark Gibbons, Senior Justice, participated in the decision of this matter under a general order of assignment. SUPREME COURT OF NEVADA 2 (01 1947A

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