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FALCON CLIFF, LLC, Petitioner, 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, SHULMAN LUXURY HOMES, LLC; BARRY SHULMAN: ALLYN SHULMAN; AND BAS LIVING TRUST, Real Parties in Interest.
ORDER DENYING PETITION
This is an original petition for a writ of mandamus seeking to compel the district court to vacate its order discharging writs of attachment and dismissing complaint. Problematically, it appears that the district court's order is a final judgment. Petitioner argues that because the district court did not expressly determine that there was no just reason for delay, that the judgment was not final pursuant to NRCP 54(b). However, NRCP 54(b) is not implicated here, as the district court's order dismissed the complaint in full, thereby adjudicating all claims against all parties. Thus, petitioner has a plain, speedy, and adequate remedy at law, namely an appeal from this final judgment. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004). Accordingly, writ relief is improper, and we
ORDER the petition DENIED.
Stiglich, C.J.
Cadish, J.
Herndon, J.
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Docket No: No. 87641
Decided: December 22, 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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