Transitional Hosps. Corp. Of Nev., Llc Vs. Dist. Ct. (Galaviz)

Nevada Supreme Court

Transitional Hosps. Corp. Of Nev., Llc Vs. Dist. Ct. (Galaviz)

DecidedJuly 24, 2020

Docket81363

StatusPublished

This text of Transitional Hosps. Corp. Of Nev., Llc Vs. Dist. Ct. (Galaviz) (Transitional Hosps. Corp. Of Nev., Llc Vs. Dist. Ct. (Galaviz)) 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

Transitional Hosps. Corp. Of Nev., Llc Vs. Dist. Ct. (Galaviz), (Neb. 2020).

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Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

TRANSITIONAL HOSPITALS No. 81363 CORPORATION OF NEVADA, LLC, D/B/A KINDRED HOSPITAL LAS VEGAS-FLAMINGO CAMPUS, Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT MED COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF JUL 2 4 2020 CLARK; AND THE HONORABLE EUZAOETH OWN ca.ERK,FsuptiEtrE COURT RONALD J. ISRAEL, DISTRICT BY .3 • DEPUTY CLERK fl JUDGE, Respondents, and ANITA GALAVIZ, DECEASED, BY AND THROUGH ELPIDIO GALAVIZ, HER HEIR AND NEXT OF KIN, Real Party in Interest.

ORDER DENYING PETITION FOR A WRIT OF MANDAMUS

This is an original petition for a writ of mandamus challenging a district court order denying petitioner's motion to dismiss on the basis that real party in interest's tort complaint sounds in negligence and falls within the scope of NRS 41A.015—requiring an expert affidavit. Having considered petitioner's arguments and the supporting documents, we are not persuaded that our extraordinary and discretionary intervention is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). In particular, petitioner has an adequate remedy in the form of an appeal from a final judgment. Pan, 120 Nev. at 224, 88 P.3d at 841. Accordingly, we ORDER the petition DENIED.

Pickering

ArCubal-0 Hardesty Stiglich

cc: Hon. Ronald J. Israel, District Judge Giovanniello Law Group Gazda & Tadayon Eighth District Court Clerk

2

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IN THE SUPREME COURT OF THE STATE OF NEVADA

TRANSITIONAL HOSPITALS No. 81363 CORPORATION OF NEVADA, LLC, D/B/A KINDRED HOSPITAL LAS VEGAS-FLAMINGO CAMPUS, Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT MED COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF JUL 2 4 2020 CLARK; AND THE HONORABLE EUZAOETH OWN ca.ERK,FsuptiEtrE COURT RONALD J. ISRAEL, DISTRICT BY .3 • DEPUTY CLERK fl JUDGE, Respondents, and ANITA GALAVIZ, DECEASED, BY AND THROUGH ELPIDIO GALAVIZ, HER HEIR AND NEXT OF KIN, Real Party in Interest.

ORDER DENYING PETITION FOR A WRIT OF MANDAMUS

This is an original petition for a writ of mandamus challenging a district court order denying petitioner's motion to dismiss on the basis that real party in interest's tort complaint sounds in negligence and falls within the scope of NRS 41A.015—requiring an expert affidavit. Having considered petitioner's arguments and the supporting documents, we are not persuaded that our extraordinary and discretionary intervention is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). In particular, petitioner has an adequate remedy in the form of an appeal from a final judgment. Pan, 120 Nev. at 224, 88 P.3d at 841. Accordingly, we ORDER the petition DENIED.

Pickering

ArCubal-0 Hardesty Stiglich

cc: Hon. Ronald J. Israel, District Judge Giovanniello Law Group Gazda & Tadayon Eighth District Court Clerk

2

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Transitional Hosps. Corp. Of Nev., Llc Vs. Dist. Ct. (Galaviz), Counsel Stack Legal Research, https://law.counselstack.com/opinion/transitional-hosps-corp-of-nev-llc-vs-dist-ct-galaviz-nev-2020.

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