HOLM SKY LLC UTAH LIMITED LIABILITY COMPANY AND TRAVIS HOLM v. NEIL KADISHA (2026)

ORDER DENYING EMERGENCY PETITION FOR WRIT OF MANDAMUS

This emergency original petition for a writ of mandamus challenges a district court order granting a temporary restraining order in a dispute concerning a property sale. This court has original jurisdiction to issue writs of mandamus, and the issuance of such extraordinary relief is solely within this court's discretion. See Nev. Const. art. 6, § 4; D.R. Horton, Inc. v. Eighth Jud. Dist. Ct., 123 Nev. 468, 474-75, 168 P.3d 731, 736-37 (2007). Petitioners bear 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 Judicial Dist. Court, 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004).

Assuming without deciding that writ relief may be had from an order granting a temporary restraining order, this case does not demonstrate the clear violation of law or manifest abuse of discretion required for this court to intervene.¹ See Walker v. Second Jud. Dist. Ct., 136 Nev. 678, 680, 476 P.3d 1194, 1196 (2020) (where a district court is given discretion on an issue, “the petitioner's burden to demonstrate a clear legal right to a particular course of action by that court is substantial; we can issue traditional mandamus only where the lower court has manifestly abused that discretion or acted arbitrarily or capriciously”); Dangberg Holdings Nev., LLC v. Douglas County, 115 Nev. 129, 142, 978 P.2d 311, 319 (1999) (reviewing an order granting temporary injunctive relief for an abuse of discretion); see also Fisher v. Cooke, 2022 WL 3584631, at *5 (Tex. App. Aug. 22, 2022) (upholding a temporary injunction where “[the party attempting to sell its property] will likely suffer irreparable harm without the injunction due to the lost sale, losing the ability to sell, refinance, or obtain additional loans for the property, and the difficulty of finding another buyer”). Accordingly, we

ORDER the petition DENIED.²

Pickering, J.

Parraguirre, J.

Stiglich, J.

FOOTNOTES

1.   Petitioners’ emergency motion to supplement the record is granted. NRAP 21(a)(4). The clerk of this court shall detach and file the exhibit to the motion.

2.   Petitioners’ emergency motion to stay enforcement of the temporary restraining order pending resolution of their writ petition is denied as moot.