LAS VEGAS PAVING CORPORATION v. STACEY TERRY IN HER INDIVIDUAL CAPACITY AND AS ADMINISTRATOR FOR THE ESTATE OF JUSTIN TERRY SEAN TERRY JACOB TERRY WESTERN STATES CONTRACTING INC NEVADA CORPORATION GLEN LEWIS AND CHARLES ENGINEERING INC FOREIGN CORPORATION (2026)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

This emergency petition for a writ of mandamus challenges the district court's determination that a settlement agreement between plaintiffs and a codefendant did not constitute a prohibited “Mary Carter agreement.” Petitioner has also filed an emergency motion to stay the district court proceedings pending our consideration of the petition, which has been fully briefed.¹

Having reviewed the petition and supporting documents under the advisory mandamus standard set forth in Walker v. Second Judicial District Court, 136 Nev. 678, 683, 476 P.3d 1194, 1198 (2020), we are not satisfied that this court's intervention by way of extraordinary relief is warranted. See NRAP 21(b); Smith v. Eighth Jud. Dist. Ct., 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). Further, trial is scheduled to commence next week, and petitioner may appeal from any adverse final judgment. NRS 34.170; Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 225, 88 P.3d 840, 841 (2004); see also Archon Corp. v. Eighth Jud. Dist. Ct., 133 Nev. 816, 819, 407 P.3d 702, 706 (2017) (recognizing that “[a] writ of mandamus is not a substitute for an appeal,” but rather, the writ should be used sparingly, “for extraordinary causes”). Accordingly, we

ORDER the petition DENIED.²

Stiglich, J.

Cadish, J.

Lee, J.

FOOTNOTES

1.   Real party in interest Western States Contracting, Inc.’s motion for leave to file an opposition to the stay motion in excess of the NRAP 27(d)(2)(A) word limit is granted; therefore, the October 6, 2026, opposition is accepted.

2.   In light of this order, petitioner's emergency motion for stay is denied as moot.