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WILLIAM CUTLIP AND VALERIE WEIS, CO-ADMINISTRATORS OF THE ESTATE OF GENE L. CUTLIP, JR., Petitioners, v. THE THIRD JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF LYON; AND THE HONORABLE JOHN SCHLEGELMILCH, DISTRICT JUDGE, Respondents, BRIAN EDMISTON; AND DAWN EDMISTON, Real Parties in Interest.
ORDER DENYING PETITION
This is an original petition for a writ of prohibition or mandamus challenging a district court order denying a motion for summary judgment in a matter involving the settlement of an estate.
Having considered the petition 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 an appeal fails to provide petitioners with an adequate legal remedy. See Pan, 120 Nev. at 224, 88 P.3d at 841 (recognizing that an appeal is generally an adequate remedy precluding writ relief); see also NRS 155.190(1)(j) (recognizing that an order “[d]irecting or allowing the payment of a ․ claim” is an appealable order). Accordingly, we
ORDER the petition DENIED.
Stiglich, J.
Pickering, J.
Parraguirre, J.
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Docket No: No. 87892
Decided: March 19, 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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