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SOBB, LLC, Petitioner, 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, Tap Ur Fitness, LLC, Real Party in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This original petition for a writ of mandamus challenges a district court order denying summary judgment. Having considered the petition and supporting documents, we are not convinced that petitioner has met its burden of demonstrating that our extraordinary intervention is warranted. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (“Petitioners carry the burden of demonstrating that extraordinary relief is warranted.”); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (observing that “the issuance of a writ of mandamus or prohibition is purely discretionary with this court”). Generally, we will not consider writ petitions challenging orders denying motions for 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, 1344-45, 950 P.2d 280, 281 (1997). Moreover, we have recognized that petitions for writ relief should not be utilized as a vehicle for piecemeal appellate review. See W. Cab Co. v. Eighth Judicial Dist. Court, 133 Nev. 65, 67, 390 P.3d 662, 667 (2017).
Accordingly, we ORDER the petition DENIED.1
FOOTNOTES
1. The Honorable Mark Gibbons, Senior Justice, participated in the decision of this matter under a general order of assignment.
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Docket No: No. 82650
Decided: September 16, 2021
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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