GRONDEL v. Malek Sadri, Real Party in Interest. (2019)

Supreme Court of Nevada.

Robert Jeff GRONDEL, M.D., Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; and the Honorable Joseph Hardy, Jr., District Judge, Respondents, Malek Sadri, Real Party in Interest.

No. 79648

Decided: September 25, 2019

Collinson, Daehnke, Inlow & Greco James S. Kent

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

This original petition for a writ of mandamus challenges a district court order denying summary judgment in a medical malpractice action.

Having reviewed the petition and supporting documentation, we conclude that our extraordinary intervention is not warranted. Generally, we will not consider writ petitions challenging orders denying summary judgment, and we are not persuaded that any exception to the general rule applies here. Smith v. Eighth Judicial Dist. Court, 113 Nev. 1343, 1344, 950 P.2d 280. 281 (1997). Further, trial is scheduled to begin next month, and petitioner has an adequate legal remedy in the form of an appeal from any adverse final judgment. See NRS 34.170; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004). Accordingly, we

ORDER the petition DENIED.¹

FOOTNOTES

1. In light of this order, petitioner's emergency motion to stay the district court proceedings is denied as moot.

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