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MATT KLABACKA AS DISTRIBUTION TRUSTEE OF THE ERIC L. NELSON NEVADA TRUST DATED MAY 30, 2001, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE REGINA M. MCCONNELL, DISTRICT JUDGE, Respondents, LYNITA SUE NELSON, INDIVIDUALLY AND IN HER CAPACITY AS INVESTMENT TRUSTEE OF THE LYNITA S. NELSON NEVADA TRUST DATED MAY 30, 2001; AND ERIC L. NELSON, Real Parties in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This emergency, original petition for a writ of mandamus seeks to compel the district court to immediately consider post-judgment enforcement motions to allow examination of judgment debtor and to convey properties, or to require the posting of a supersedeas bond.
Whether to issue extraordinary writ relief is solely within this court's discretion, Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991), and it is petitioner's burden to demonstrate that such relief is warranted, Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Having reviewed the petition and appendix, we decline to intervene. A hearing on the motions is scheduled for later this month, and petitioner has not demonstrated that our extraordinary intervention is warranted under the circumstances to correct clear legal error or a manifest abuse of discretion. See Walker v. Second Judicial Dist. Court, 136 Nev. 678, 681-82, 476 P.3d 1194, 1197 (2020) (providing that, to obtain the: extraordinary remedy of mandamus, a petitioner ordinarily must establish a clear legal right to the course of action requested or manifest abuse of discretion). Accordingly, we
ORDER the petition DENIED.
Herndon, J.
Lee, J.
Bell, J.
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Docket No: No. 87816
Decided: January 05, 2024
Court: Supreme Court of Nevada.
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Get help with your legal needs
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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