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PAMELA KEHALY, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE AMY MASTIN, DISTRICT JUDGE, Respondents, WILLIAM KEHALY, Real Party in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION
This original petition for a writ of mandamus or prohibition challenges a district court order denying a motion to dismiss for lack of jurisdiction.
Having reviewed the petition and answer, we decline to exercise our discretion to entertain the petition. D.R. Horton, Inc. v. Eighth Judicial Dist. Court, 123 Nev. 468, 475, 168 P.3d 731, 737 (2007) (recognizing this court's broad discretion in determining whether to consider a petition for writ of mandamus or prohibition). Writ relief is generally not available where petitioner has a plain, speedy, and adequate legal remedy at law by way of an appeal from a final judgment. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 88 P.3d 840, 841 (2004) (“[T]he right to appeal is generally an adequate legal remedy that precludes writ relief.”). In this case, we hold that petitioner's right to appeal is an adequate remedy, and therefore we,
ORDER the petition DENIED.
Stiglich, C.J.
Cadish, J.
Herndon, J.
Parraguirre, J.
Pickering, J.
Lee, J.
Bell, J.
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Docket No: No. 86202
Decided: October 19, 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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