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SMOKETREE GROUP, LLC, a Nevada Limited Liability Company; and Smoketree, LLC, a Nevada Limited Liability Company, Petitioners, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; and the Honorable Mary Kay Holthus, District Judge, Respondents, Carson Wayne Newton, an Individual; Kathleen Newton, an Individual; and WN Aramus Arabians, LLC, a Nevada Limited Liability Company, Real Parties in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This original petition for a writ of mandamus challenges an oral district court ruling granting a preliminary injunction and allowing real parties in interest to take possession of the personal property over which the parties are disputing ownership.
Having considered the petition and supporting documents, we are not persuaded that our extraordinary and discretionary intervention is warranted. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991); see also Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is warranted). Nothing in this order precludes petitioner from appealing from any preliminary injunction entered in this case, if appropriate. Accordingly, we
ORDER the petition DENIED.1
FOOTNOTES
1. In light of this order, petitioner’s emergency motion for stay is denied as moot.
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Docket No: No. 80793
Decided: March 16, 2020
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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