FELIX MIKHALSKY v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF CLARK AND THE HONORABLE ADRIANA ESCOBAR DISTRICT JUDGE (2023)

ORDER DENYING PETITION

This original petition for a writ of mandamus seeks an order directing the district court vacate its order granting summary judgment and allowing discovery to proceed.

Mandamus is an extraordinary remedy and whether to consider a petition seeking such relief is within this court's sole discretion. Smith v. Eighth. Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). Extraordinary relief, however, will not issue if the petitioner has a plain, speedy, and adequate remedy in the ordinary course of law. NRS 34.170.

Here, petitioner has an adequate remedy at law by way of direct appeal from summary judgment. Accordingly, we

ORDER the petition DENIED.¹

Stiglich, C.J.

Cadish, J.

Herndon, J.

FOOTNOTES

1.   We make no determination as to the merits of such an appeal.