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THE STATE OF NEVADA EX REL. NEVADA REAL ESTATE DIVISION, DEPARTMENT OF BUSINESS AND INDUSTRY AND SHARATH CHANDRA, ADMINISTRATOR, Petitioners, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK AND THE HONORABLE TINA TALIM, Respondents, JAMES SHARKEY, INDIVIDUALLY, Real Party in Interest.
ORDER DISMISSING PETITION FOR WRIT OF MANDAMUS
This original petition for a writ of mandamus challenges a district court order denying a motion to dismiss real party in interest's petition for judicial review and granting him leave to amend his petition.
On April 10, 2025, petitioners filed a notice of dismissal with this court, indicating that, a day earlier, the district court dismissed the underlying proceeding. Petitioners’ notice included a copy of the district court's dismissal order as an attachment. We construe petitioners’ notice as a motion to voluntarily withdraw their petition. See NRAP 42 (authorizing a petitioner to move to voluntarily dismiss a writ petition, which may be granted if the motion is uncontested).
Having reviewed petitioners’ motion and because real party in interest has not filed any response in opposition, we conclude that the dismissal of the underlying proceeding rendered petitioners’ petition for a writ of mandamus moot. See Personhood Nev. v. Bristol, 126 Nev. 599, 602, 245 P.3d 572, 574 (2010) (explaining that “a controversy must be present through all stages of the proceeding, and even though a case may present a live controversy at its beginning, subsequent events may render the case moot”) (internal citations omitted). Accordingly, we
ORDER the petition DISMISSED.1
Bulla, C.J.
Gibbons, J.
Westbrook, J.
FOOTNOTES
1. Having considered real party in interest's motion for the imposition of sanctions and other related penalties against petitioners’ counsel, the opposition, and reply, we conclude relief is not warranted and deny the motion. See NRAP 38.
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Docket No: No. 90097-COA
Decided: April 29, 2025
Court: Court of Appeals of Nevada.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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