STOVALL AND ASSOCIATES OF NEVADA NEVADA CORPORATION AND LESLIE MARK STOVALL ESQ INDIVIDUALLY v. TRAVIS BUCHANAN ESQ INDIVIDUALLY MARWAN PORTER ESQ INDIVIDUALLY TRAVIS BUCHANAN ESQ ASSOCIATES PLLC NEVADA CORPORATION AND THE PORTER LAW FIRM LLC NEVADA CORPORATION (2025)

ORDER DENYING PETITION

This is an original petition for a writ of mandamus or, alternatively, for a writ of prohibition seeking to compel the district court to set aside default and dismiss real party in interest's complaint.

A writ of mandamus is available to compel the performance of an act that the law requires as a duty resulting from an office, trust, or station or to control an arbitrary or capricious exercise of discretion. See NRS 34.160; Int'l Game Tech., Inc. v. Second Jud. Dist. Ct., 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). This court may issue a writ of prohibition to arrest the proceedings of a district court exercising its judicial functions when such proceedings are in excess of the district court's jurisdiction. NRS 34.320; Smith v. Eighth Jud. Dist. Ct., 107 Nev. 674, 677, 818 P.2d 849, 851 (1991).

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). Petitioner bears the burden to show that extraordinary relief is warranted, and such relief is proper only when there is no plain, speedy, and adequate remedy at law. See Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004). An appeal is generally an adequate remedy precluding writ relief. Id. at 224, 88 P.3d at 841.

Having considered the petition, we are not persuaded that our intervention is warranted. Id. Accordingly, we

ORDER the petition DENIED.¹

cc: Hon. Erika L. Mendoza, District Judge

Stovall & Associates

Murdock & Associates, Chtd.

Eighth District Court Clerk

FOOTNOTES

1.   Given our disposition of this matter, petitioner's motion for a stay is denied.

C.J Herndon

Parraguirre, J. Stiglich, J.