SUNRISE HOSPITAL AND MEDICAL CENTER LLC SUNRISE HOSPITAL AND MEDICAL CENTER v. LAUREN NICKLES INDIVIDUALLY AND AS NATURAL PARENT AND GUARDIAN OF AND BRANDON NICKLES INDIVIDUALLY AND AS NATURAL PARENT AND GUARDIAN OF (2023)

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. Petitioner seeks extraordinary writ relief, arguing that the district court erred in finding that questions of fact remained as to real parties in interest's ostensible agency theory of liability and in denying summary judgment on this basis.

Writ relief is a disfavored vehicle to challenge a denial of a motion for summary judgement. Smith v. Eighth Judicial Dist. Court, 113 Nev. 1343, 1344, 950 P.2d 280, 281 (1997) (explaining that, generally, “we will not exercise our discretion to consider writ petitions that challenge orders of the district court denying motions to dismiss or motions for summary judgment”). Thus, we decline to exercise our discretion to consider this petition. See id. at 1344-45, 950 P.2d at 281; see also Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 843-44 (2004) (providing that an appeal after final judgment is generally an adequate remedy that precludes writ relief). Accordingly, we

ORDER the petition DENIED.

Stiglich, C.J.

Cadish, J.

Herndon, J.