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J. MICHAEL SUNDE, INDIVIDUALLY AND AS SOLE BENEFICIARY OF ERKP FAMILY TRUST; AND VIKTORIYA SOKOL SUNDE, INDIVIDUALLY, Petitioners, v. THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WASHOE; THE HONORABLE BARRY L. BRESLOW, DISTRICT JUDGE; THE HONORABLE LYNNE K. JONES, DISTRICT JUDGE; THE HONORABLE SCOTT N. FREEMAN, DISTRICT JUDGE; THE HONORABLE EGAN K. WALKER, DISTRICT JUDGE; THE HONORABLE TAMMY RIGGS, DISTRICT JUDGE; THE HONORABLE KATHLEEN M. DRAKULICH, DISTRICT JUDGE; AND CLERK OF THE COURT ALICIA L. LERUD, Respondents, VICTORIA A. CROCKETT, INDIVIDUALLY AND IN HER OFFICIAL CAPACITY AS TRUSTEE OF ERKP FAMILY TRUST, IN HER OFFICIAL CAPACITY AS AN OFFICER OF NEVADA DIVORCE & DOCUMENT SERVICES INC., IN HER OFFICIAL CAPACITY AS AN OFFICER OR MEMBER OF CROCKETT COMMERCIAL LLC, AND IN HER OFFICIAL CAPACITY AS TRUSTEE OF VICTORIA CROCKETT FAMILY TRUST 2019; CROCKETT COMMERCIAL LLC; AND VICTORIA CROCKETT FAMILY TRUST 2019, Real Parties in Interest.
ORDER DENYING PETITION FOR WRIT OF CERTIORARI OR PROHIBITION
This emergency pro se petition for a writ of certiorari or prohibition filed by J. Michael Sunde and Viktoriya Sokol Sunde challenges several actions and inactions of the district court in the litigation below.
Whether a petition for extraordinary writ relief will be entertained rests within this court's sound discretion. D.R. Horton, Inc. v. Eighth Jud. Dist. Ct., 123 Nev. 468, 474-75, 168 P.3d 731, 736-37 (2007), and it is petitioners’ burden to demonstrate that extraordinary relief is warranted, Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Having reviewed the petition and supporting documents, we conclude that petitioners have failed to meet their burden. Significantly, writ petitions are not substitutes for an appeal, and petitioners have failed to show that an appeal would not provide an adequate legal remedy for their grievances here, thus precluding writ relief. Archon Corp. v. Eighth Jud. Dist. Ct., 133 Nev. 816, 819, 407 P.3d 702, 706 (2017) (recognizing that “[a] writ of mandamus is not a substitute for an appeal”); Pan, 120 Nev. at 224, 88 P.3d at 841 (“[T]he right to appeal is generally an adequate legal remedy that precludes writ relief.”). Accordingly, we ORDER the petition DENIED.
Cadish, C.J.
Stiglich, J.
Herndon, J.
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Docket No: No. 88858
Decided: June 28, 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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Enter information in one or both fields (Required)