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MHC FLAMINGO WEST, LLC, Individually and d/b/a Flamingo West, a Foreign Limited-Liability Company; Realty Systems, Inc., a Foreign Corporation; MHC Operating Limited Partnership, a Foreign Limited Partnership; Equity Lifestyle Properties, Inc., a Foreign Corporation; and AK Davies Mobile Home Services, Inc., a Nevada Corporation, Petitioners, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; and the Honorable Kenneth C. Cory, District Judge, Respondents, Eloisa Balois Aqui, Real Party in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This original petition for a writ of mandamus challenges a district court order granting a motion to compel arbitration.
Having considered the petition and supporting documents, we are not persuaded that petitioners have demonstrated that the order compelling arbitration qualifies for mandamus review. NRS 34.160; Int'l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (recognizing that the decision to entertain a petition for a writ of mandamus “is purely discretionary with this court”); see Tallman v. Eighth Judicial Dist. Court, 131 Nev. 713, 719, 724, 359 P.3d 113, 117-18, 122 (2015) (observing that a party seeking mandamus review of an order compelling arbitration still must show why an eventual appeal does not provide an adequate and speedy remedy “and that the matter meets the other criteria for extraordinary writ relief, i.e., that mandamus is needed ‘to compel the performance of an act that the law requires or to control a manifest abuse of discretion’ by the district court” (quoting State ex rel. Masto v. Second Judicial Dist. Court, 125 Nev. 37, 43-44, 199 P.3d 828, 832 (2009))). Accordingly, we
ORDER the petition DENIED.
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Docket No: No. 77970
Decided: February 20, 2019
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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