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Jorge Andres GARCIA-VERDUGO; and Rosa Aidee Verdugo, Petitioners, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; and the Honorable Timothy C. Williams, District Judge, Respondents, Belkis Martinez, Real Party in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION
This original petition for a writ of mandamus or prohibition challenges district court orders resolving motions in limine in a personal injury action. Real party in interest has filed an answer, as directed, and petitioners have filed a reply.
Having considered the parties’ briefs and appendices, we conclude that our extraordinary and discretionary intervention is not warranted. 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). Writ relief is available only when there is no plain, adequate, and speedy legal remedy, and here, with trial scheduled to begin later this month, petitioners have an adequate legal remedy in the form of an appeal from the final judgment. See Pan, 120 Nev. at 224, 88 P.3d at 841; NRS 34.170; NRS 34.330, see also Archon Corp. v. Eighth Judicial Dist. Court, 133 Nev. 816, 819. 407 P.3d 702. 706 (2017) (examining the propriety of entertaining petitions for writ relief when an appeal is available). Accordingly, we
ORDER the petition DENIED.
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Docket No: No. 86190
Decided: July 14, 2023
Court: Supreme Court of Nevada.
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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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