TRANSITIONAL HOSPITALS CORPORATION OF NEVADA LLC v. Anita Galaviz, Deceased, by and Through Elpidio Galaviz, Her Heir and Next of Kin, Real Party in Interest. (2020)

Supreme Court of Nevada.

TRANSITIONAL HOSPITALS CORPORATION OF NEVADA, LLC, d/b/a Kindred Hospital Las Vegas-flamingo Campus, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; and the Honorable Ronald J. Israel, District Judge, Respondents, Anita Galaviz, Deceased, by and Through Elpidio Galaviz, Her Heir and Next of Kin, Real Party in Interest.

No. 81363

Decided: July 24, 2020

Giovanniello Law Group Gazda & Tadayon

ORDER DENYING PETITION FOR A WRIT OF MANDAMUS

This is an original petition for a writ of mandamus challenging a district court order denying petitioner's motion to dismiss on the basis that real party in interest's tort complaint sounds in negligence and falls within the scope of NRS 41A.015—requiring an expert affidavit.

Having considered petitioner's arguments and the supporting documents, we are not persuaded that our extraordinary and discretionary intervention is warranted. 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, 679, 818 P.2d 849, 851, 853 (1991). In particular, petitioner has an adequate remedy in the form of an appeal from a final judgment. Pan, 120 Nev. at 224, 88 P.3d at 841. Accordingly, we

ORDER the petition DENIED.

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