The Heights Of Summerlin, Llc v. Dist. Ct. (Draves)

CourtNevada Supreme Court
DecidedApril 29, 2022
Docket84260
StatusPublished

This text of The Heights Of Summerlin, Llc v. Dist. Ct. (Draves) (The Heights Of Summerlin, Llc v. Dist. Ct. (Draves)) 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.

Bluebook
The Heights Of Summerlin, Llc v. Dist. Ct. (Draves), (Neb. 2022).

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

THE HEIGHTS OF SUMMERLIN, LLC, No. 84260 D/B/A THE HEIGHTS OF SUMMERLIN, A FOREIGN LIMITED LIABILITY COMPANY, Petitioner, vs. FILED THE EIGHTH JUDICIAL DISTRICT APR 2 9 2022 COURT OF THE STATE OF NEVADA, ELtZADEH BOWN IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE VERONICA BARISICH, DISTRICT 7- 774PLTI'vv- DY CLERK

JUDGE, Respondents, and SUSAN DRAVES, INDIVIDUALLY AND AS SPECIAL CO-ADMINISTRATOR; AND ROBERT STRONG, INDIVIDUALLY AND AS SPECIAL CO- ADMINISTRATOR OF THE ESTATE OF WILLIAM BASS, Real Parties 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. 678, 683, 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

ia- i3&90 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? Game Tech,., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197-98, 179 P.3d 556, 558-59 (2008) (discussing writ petitions challenging denials of motions to dismiss). We therefore ORDER the petition DENIED.1

4k.c:716: 33 • •

Parraguirre • , J. Sr.J. Catfish

cc: Hon. Veronica Barisich, District Judge Messner Reeves LLP Burris & Thomas Eighth District Court Clerk

1The Honorable Mark Gibbons, Senior Justice, participated in the decision of this matter under a general order of assignment.

SUPREME COURT OF NEVADA 2 (0) 1947A Ariatitip

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The Heights Of Summerlin, Llc v. Dist. Ct. (Draves), Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-heights-of-summerlin-llc-v-dist-ct-draves-nev-2022.