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GLENN LANIER, AN INDIVIDUAL; MAINGATE2.0 LLC, A NEVADA LIMITED LIABILITY COMPANY; AND ADAM TISCARENO, AN INDIVIDUAL, Petitioners, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE MARK R. DENTON, DISTRICT JUDGE, Respondents, LEONIDAS P. FLANGAS, AN INDIVIDUAL; AND JASON P. FLANGAS, AN INDIVIDUAL, Real Parties in Interest.
ORDER DENYING PETITION FOR A WRIT OF MANDAMUS
This is an original petition for a writ of mandamus challenging a district court order denying a motion to dismiss for want of prosecution.
Having considered the petition, answer, reply, supporting documents, and oral argument, we are not persuaded that our extraordinary and discretionary intervention is warranted. Pan v. Eighth Judicial Dist. Court, 1.20 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); 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 this court has sole discretion in determining whether to entertain a writ petition). “[B]ecause an appeal from the final judgment typically constitutes an adequate and speedy legal remedy, we generally decline to consider writ petitions that challenge interlocutory district court orders denying motions to dismiss.” Int'l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). Here, petitioners may appeal from final judgment. Thus, we conclude that petitioners failed to meet their burden of demonstrating that extraordinary relief is warranted. Accordingly, we
ORDER the petition DENIED.
Stiglich, C.J.
Cadish, J.
Pickering, J.
Herndon, J.
Lee, J.
Parraguirre, J.
Bell, J.
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Docket No: No. 84220
Decided: March 03, 2023
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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Enter information in one or both fields (Required)