GENNARDO v. Doug Gennardo, Real Party in Interest. (2021)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION

This original, emergency petition for a writ of mandamus or prohibition challenges district court orders determining child custody and temporarily granting real party in interest permission to relocate to Texas with the parties’ children. Real party in interest has filed an answer, as directed, and petitioner has filed a reply.

Having considered the petition, answer, and reply, we conclude that our extraordinary intervention is not warranted at this time. In particular, a writ of mandamus or prohibition may issue only when there exists no adequate and speedy remedy at law, and an appeal is generally an adequate and speedy legal remedy precluding writ relief. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 88 P.3d 840, 841 (2004); see NRS 34.170; NRS 34.330. Here, once the district court enters the divorce decree and/or the final custody order, petitioner may appeal therefrom, if aggrieved, see NRAP 3A(a); NRAP 3A(b)(1) and (7). and petitioner has not demonstrated that the circumstances warrant this court's immediate intervention. Accordingly, we

ORDER the petition DENIED.¹

FOOTNOTES

1.   In light of this order, petitioner's request to supplement the record, as provided in footnote 1 in her reply, is denied as moot.