Tropical & Losee, Llc Vs. Dist. Ct. (J. Mcdonald Co., Inc.)

• Court: Nevada Supreme Court
• Decided: March 1, 2021
• Docket: 82504
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

TROPICAL & LOSEE, LLC, A NEVADA No. 82504 LIMITED LIABILITY COMPANY; DAVID E. CROWE, AN INDIVIDUAL, FOR HIMSELF AND DERIVATIVELY ON BEHALF OF J. MCDONALD CO., INC., A NEVADA CORPORATION; AND FILE FLETCHER MAJORS, AN INDIVIDUAL, MAR 0 1 2021 Petitioners, ELIZAB ï A. BROWN CLERK PREPAE COURT vs. BY THE EIGHTH JUDICIAL DISTRICT CLERK

COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE MARK R. DENTON, DISTRICT JUDGE, Respondents, and J. MCDONALD CO., INC., A TEXAS CORPORATION, FOR ITSELF AND DERIVATIVELY ON BEHALF OF TROPICAL & LOSEE, LLC, A NEVADA LIMITED LIABILITY COMPANY, Real Party in Interest.

OR.DER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION

This original petition for a writ of mandamus or prohibition challenges a district court order requiring petitioners to deposit disputed funds with the court clerk pending trial. Although the amount of the deposit was later increased, the order originated as a condition the district court imposed on its grant of petitioners earlier motion to continue the trial date. Petitioners have also filed an emergency motion to stay the district court

SUPREME COURT OF NEVADA

f0) 1947A .24WID t OS 6 proceedings pending our consideration of this petition, and real party in interest has filed an opposition to that motion. Having considered the petition and supporting documentation, we conclude that our extraordinary and discretionary intervention is not warranted. See Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). Accordingly, we ORDER the petition DENIED.

Cfier44 J. Caclish

Pickering Ada. J.

44(Ar- J. Herndon

cc: Hon. Mark R. Denton, District J udge Sklar Williams LLP Cleveland Terrazas PLLC Koch & Scow, LLC Eighth District Court Clerk

'In light of this order, petitioners emergency stay motion is denied as Ill not.

SUPREME COURT OF NEVADA 2 (0, I947A 44SPT,