SOLINGER v. Chalese Marie Solinger, Real Party in Interest. (2022)

ORDER DISMISSING PETITION FOR WRIT OF PROHIBITION OR MANDAMUS

On June 2, 2022, we entered an order directing petitioner to supplement the petition to address whether the ability to move for a stay in an appeal precludes writ relief and temporarily staying enforcement of the attorney fees and costs portion of the decree pending our receipt and consideration of that supplement and any response thereto. Both parties timely filed responses, and additionally, petitioner filed an appeal and obtained a stay of the same portion of the decree in that appeal. See Solinger v. Solinger, Docket No. 84832-COA (Order Granting Stay and Reinstating Briefing, September 1, 2022).

Writ relief is available only when there is no plain, adequate, and speedy legal remedy, Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 88 P.3d 840, 841 (2004); NRS 34.170; NRS 34.330, and after reviewing the parties’ responses here, we conclude that the ability to appeal from the district court's order and to move for a stay in the appeal precludes the requested writ relief. Moreover, petitioner has already done so and obtained the relief he sought, rendering the petition moot. See Personhood Nev. v. Bristol, 126 Nev. 599, 602, 245 P.3d 572, 574 (2010) (holding that a case that initially presents a live controversy may be rendered moot by subsequent events). Accordingly, we dismiss this petition and vacate the temporary stay entered herein; the stay entered in the appeal remains active.

It is so ORDERED.