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RICHARD G. HARRIS, M.D., Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE CRYSTAL ELLER, DISTRICT JUDGE, Respondents, ESTATE OF EDWIN K. MYERS; JEFFREY MYERS, AS SPECIAL ADMINISTRATOR OF THE ESTATE OF EDWIN K. MYERS; ROGER MYERS, INDIVIDUALLY; PAIGE MYERS, INDIVIDUALLY; LANDRA BROOK HOGUE, AS NATURAL PARENT AND LEGAL GUARDIAN OF M.J.M., A MINOR CHILD; Real Parties in Interest.
ORDER DENYING PETITION
This original petition for a writ of mandamus challenges a district court order denying summary judgment in a wrongful death action. Having considered the petition and its documentation, we are not persuaded that our extraordinary and discretionary intervention is warranted. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 843-44 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is warranted and that the right to appeal is generally an adequate legal remedy precluding writ relief); 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 that this court has sole discretion in determining whether to entertain a writ petition). Specifically, we generally decline to consider writ petitions challenging orders denying summary judgment, and we are not convinced that any exceptions to that general rule apply here. Smith v. Eighth Judicial Dist. Court, 113 Nev. 1343, 1344-45, 950 P.2d 280, 281 (1997) (explaining this general policy and relevant exceptions). Accordingly, we
ORDER the petition DENIED.
Stiglich, C.J.
Lee, J.
Bell, J.
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Docket No: No. 86479
Decided: June 20, 2023
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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