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WENDY LEE PARTELLO, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK AND THE HONORABLE ANNA C. ALBERTSON, Respondents, SANDER IGNACIO GUTIERREZ VILLA AND MA ESTHELA VILLA CONTRERAS, Real Parties 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 strike a request for a trial de novo in a tort action.
On May 19, 2025, petitioner filed a notice of settlement with this court, indicating that the parties reached a settlement in this case and that, on May 15, the district court entered a stipulation and order dismissing the underlying proceeding. We construe petitioner's notice as a motion to voluntarily withdraw her 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 petitioner's motion and because real parties in interest have not filed any response in opposition, we conclude that the parties’ settlement and the subsequent dismissal of the underlying proceeding rendered petitioner's 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” (citations omitted)). Accordingly, we
ORDER the petition DISMISSED.
Bulla, C.J.
Gibbons, J.
Westbrook, J.
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Docket No: No. 90344-COA
Decided: May 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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