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Adam MILMAN, M.D., an Individual, Petitioner, 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, Jeffery Green and Sara L. Foley, as Co-Administrators of the Estate of Marilyn Green; Jeffery Green, Individually; and Rickey Green, Individually, Real Parties in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This original petition for a writ of mandamus challenges district court orders denying motions to dismiss in a professional negligence and wrongful death action.
Having considered the petition and supporting documentation, we conclude that our extraordinary and discretionary intervention is not warranted. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). In particular, we are not persuaded that an appeal from an adverse final judgment would be an inadequate legal remedy. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 223, 228, 88 P.3d 840, 841, 844 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is warranted and that an appeal from a final judgment is generally an adequate remedy that precludes writ relief). Accordingly, we
ORDER the petition DENIED.
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Docket No: No. 78647
Decided: June 17, 2019
Court: Supreme Court of Nevada.
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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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