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LIBRA WELLNESS CENTER, LLC, A NEVADA LIMITED LIABILITY COMPANY; AND GLOBAL BIO LABS, LLC, A NEVADA LIMITED LIABILITY COMPANY, Petitioners, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE VERONICA BARISICH, DISTRICT JUDGE, Respondents, INTERTEX LV, LLC, A NEVADA LIMITED LIABILITY COMPANY, Real Party in Interest.
ORDER DENYING PETITION
This original petition for a writ of mandamus or prohibition challenges a district court order granting partial summary judgment in a contract action.
Having considered the petition, answer, reply, and supporting documentation, we are not persuaded that our extraordinary and discretionary intervention is 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, 679, 818 P.2d 849, 851, 853 (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 this, we are not persuaded that judicial economy would be furthered by considering the writ petition's merits because our resolution of the petition would not resolve the entire district court matter. See Moore v. Eighth Judicial Dist. Court, 96 Nev. 415, 416-17, 610 P.2d 188, 189 (1980) (determining that writ relief is not an appropriate remedy when resolution of the writ petition would not dispose of the entire controversy). Additionally, we are not persuaded that an appeal from a final judgment fails to provide petitioners with an adequate legal remedy. See Pan, 120 Nev. at 224, 88 P.3d at 841 (recognizing that an appeal from a final judgment is generally an adequate remedy precluding writ relief); cf. Hansen v. Eighth Judicial Dist. Court, 116 Nev. 650, 658, 6 P.3d 982, 986-87 (2000) (recognizing, albeit in the context of a request for a stay, that the prospect of incurring litigation expenses does not rise to the level of warranting this court's intervention). Accordingly, we
ORDER the petition DENIED.
Stiglich, C.J.
Cadish, J.
Bell, J.
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Docket No: No. 86251
Decided: August 18, 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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