FTE NETWORKS INC LP v. Innovativ Media Group, Inc.; Joseph Cunningham; First Capital Real Estate Trust, Inc.; Apava, Inc. and Richard & Jane Leider Revocable Trust, Real Parties in Interest. (2024)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

This emergency petition for a writ of mandamus challenges the district court's failure or refusal to dismiss the underlying corporations law case as not ripe and/or for lack of standing.

A writ of mandamus may be entered to control an arbitrary or capricious exercise of discretion. Round Hill Gen. Improvement Dist. v. Newman, 97 Nev. 601, 603-04, 637 P.2d 534, 536 (1981); see also NRS 34.160. Mandamus will not issue, however, when the petitioners have an adequate remedy at law. NRS 34.170; Clay v. Eighth Jud. Dist. Ct., 129 Nev. 445, 449, 305 P.3d 898, 901 (2013). An appeal is generally an adequate remedy precluding writ relief. Pan v. Eighth. Jud. Dist. Ct., 120 Nev. 222, 224, 88 P.3d 840, 841 (2004).

Having reviewed the petition and supporting documents under these standards, we decline to exercise our original jurisdiction, as petitioners may appeal from any adverse final judgment. See Walker v. Second Jud. Dist. Ct., 136 Nev. 678, 681, 476 P.3d 1194, 1197 (2020) (discussing the requirements to obtain intervention by writ); Smith v. Eighth Jud. Dist. Ct., 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (recognizing that the issuance of a writ is discretionary). Accordingly, we

ORDER the petition DENIED.