Opinion
No. 79586
10-24-2019
LORRAINE SEARS, HEIR AND PERSONAL REPRESENTATIVE OF THE ESTATE OF GERALD MEAD, DECEASED, Petitioner, v. THE FIFTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF NYE; AND THE HONORABLE KIMBERLY A. WANKER, DISTRICT JUDGE, Respondents, and EDZO DUYNSTEE, INDIVIDUALLY; EDZO DUYNSTEE, D/B/A EDZOAUTOMOTIVE REPAIR, AN UNINCORPORATED BUSINESS; MAZLO TRANSPORT, LLC, A DOMESTIC LIMITED LIABILITY COMPANY; AND CLIFFORD HULL, Real Parties in Interest.
ORDER DENYING PETITION FOR A WRIT OF MANDAMUS
This original petition for a writ of mandamus challenges district court summary judgments in a tort action. Having considered the petition and appendices filed in this matter, we conclude that our extraordinary intervention is not warranted. See Halverson v. Miller, 124 Nev. 484, 487, 186 P.3d 893, 896 (2008) (recognizing that writ relief is an extraordinary remedy). In particular, petitioner has an adequate and speedy remedy in the form of an appeal from the final judgment, which precludes writ relief. NRS 34.170; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 88 P.3d 840, 841 (2004). Accordingly, we
The Honorable Michael Douglas, Senior Justice, participated in the decision of this matter under a general order of assignment.
/s/_________, C.J.
Gibbons
/s/_________, J.
Parraguirre
/s/_________, Sr. J.
Douglas cc: Hon. Kimberly A. Wanker, District Judge
Richard Harris Law Firm
Keating Law Group
Moran Brandon Bendavid Moran
Thorndal Armstrong Delk Balkenbush & Eisinger/Las Vegas
Nye County Clerk