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BRADLEY BURGER, D.O., AN INDIVIDUAL; AND SIERRA HEALTH SERVICES, INC., A DOMESTIC CORPORATION, D/B/A SOUTHWEST MEDICAL ASSOCIATES, Petitioners, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE GLORIA STURMAN, DISTRICT JUDGE, Respondents, JESSICA L. TRAYLOR, Real Party in Interest.
ORDER DENYING PETITION
This is an original petition for a writ of mandamus challenging a district court order denying a motion for summary judgment in a medical malpractice action.
As a general rule, “judicial economy and sound judicial administration militate against the utilization of mandamus petitions to review orders denying motions to dismiss and motions for summary judgment.” State ex rel. Dep't of Transp. v. Thompson, 99 Nev. 358, 362, 662 P.2d 1338, 1340 (1983). Although the rule is not absolute, petitioners have not established that an eventual appeal does not afford them an adequate legal remedy. NRS 34.170; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 225, 88 P.3d 840, 841 (2004) (“[E]even if an appeal is not immediately available because the challenged order is interlocutory in nature, the fact that the order may ultimately be challenged on appeal from the final judgment generally precludes writ relief.”). We conclude that interlocutory review by extraordinary writ is not warranted in this case. Accordingly, we
ORDER the petition DENIED.
Parraguirre, C.J.
Hardesty, J.
Stiglich, J.
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Docket No: No. 85753
Decided: December 16, 2022
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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