VINES v. Housing Authority of the City of Reno, Real Party in Interest. (2022)

ORDER DENYING PETITION FOR WRIT OF PROHIBITION

This emergency petition for a writ of prohibition challenges a December 16, 2021, district court order setting an evidentiary hearing in an appeal from a justice court summary eviction.

Having considered the petition and supporting documentation, we are not convinced that our extraordinary and discretionary intervention is warranted at this time. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is warranted); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). In particular, while petitioner argues that the district court's order requiring the parties to present evidence violates JCRCP 76A (“A case appealed may not be tried anew.”) because the district court must decide appellate matters on the record, it does not appear that petitioner has brought this provision to the district court's attention or that petitioner has otherwise sought and been denied relief in that court. See NRAP 27(e)(4). Therefore, without prejudice to petitioner's right to seek writ relief on this issue in the future, if warranted, we

ORDER the petition DENIED.