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SMOKETREE GROUP, LLC, a Nevada Limited Liability Company; and Smoketree, LLC, a Nevada Limited Liability Company, Inclusive, 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
This original petition for a writ of mandamus challenges a district court order granting a motion for preliminary injunction in a personal property action.
Having considered the petition and its documentation, we are not persuaded that our extraordinary and discretionary intervention is warranted because petitioners had an adequate remedy at law. See NRAP 3A(b)(3) (providing that appeals may be taken from orders granting an injunction); 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 and that the right to appeal is generally an adequate legal remedy precluding writ relief); 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). “Additionally, writ relief is not available to correct an untimely notice of appeal.” Pan, 120 Nev. at 224-25, 88 P.3d at 841. We therefore
ORDER the petition DENIED.
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Docket No: No. 80966
Decided: June 24, 2020
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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