Opinion
No. 77254
12-13-2018
LYNITA SUE NELSON, INDIVIDUALLY, AND IN HER CAPACITY AS INVESTMENT TRUSTEE OF THE LYNITA S. NELSON NEVADA TRUST DATED MAY 30, 2001, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE FRANK P. SULLIVAN, DISTRICT JUDGE, Respondents, and ERIC L. NELSON, INDIVIDUALLY, AND IN HIS CAPACITY AS INVESTMENT TRUSTEE OF THE ERIC L. NELSON NEVADA TRUST DATED MAY 30, 2001; AND MATT KLABACKA, DISTRIBUTION TRUSTEE OF THE ERIC L. NELSON NEVADA TRUST DATED MAY 30, 2001, Real Parties in Interest.
ORDER DENYING PETITION FOR A WRIT OF MANDAMUS
This original petition for a writ of mandamus challenges district court orders regarding the tracing of assets in a divorce. Having considered the petition and appendices filed in this matter, we are not convinced that our extraordinary and discretionary intervention is warranted as petitioner's arguments are defeated by this court's prior opinion in Klabacka v. Nelson, 133 Nev. 164, 394 P.3d 940 (2017). See NRS 34.160; Halverson v. Miller, 124 Nev. 484, 487, 186 P.3d 893, 896 (2008) (recognizing that the decision to issue a writ of mandamus "is solely within this court's discretion" and that petitioner bears the burden to establish that such extraordinary relief is appropriate). We therefore
ORDER the petition DENIED.
/s/_________, J.
Pickering
/s/_________, J.
Gibbons
/s/_________, J.
Hardesty cc: Hon. Frank Sullivan, District Judge
The Dickerson Karacsonyi Law Group
Solomon Dwiggins & Freer, Ltd.
Rhonda K. Forsberg, Chtd.
Eighth Judicial District Clerk