JACOB SOVEY JACOB HERRICK SOVEY v. SAMANTHA HERRICK (2025)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION

This emergency petition for a writ of mandamus or prohibition challenges an April 10, 2025, district court order and other interlocutory district court decisions in child custody modification proceedings.

Having reviewed the petition and supporting documents, we conclude that petitioner has not met his burden of demonstrating that our extraordinary intervention is warranted in this matter. Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the petitioner bears the burden of showing that writ relief is warranted); see also Walker v. Second Jud. Dist. Ct., 136 Nev. 678, 680, 476 P.3d 1194, 1196 (2020) (“Where a district court is entrusted with discretion on an issue, the petitioner's burden to demonstrate a clear legal right to a particular course of action by that court is substantial ․”). If petitioner is aggrieved by the final decision on custody modification after the evidentiary hearing, he may appeal. NRAP 3A(b)(7); see Pan, 120 Nev. at 225, 88 P.3d at 841 (explaining that the availability of an appeal from a final decision precludes writ relief). Therefore, we decline to exercise our discretion to further consider this petition, Smith v. Eighth Jud. Dist. Ct., 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that the appellate courts have sole discretion in determining whether to entertain a writ petition), and we

ORDER the petition DENIED.

Bulla, C.J.

Gibbons, J.

Westbrook, J.