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Armentrout v. Second Judicial Dist. Court

COURT OF APPEALS OF THE STATE OF NEVADA
Aug 22, 2019
No. 79090-COA (Nev. App. Aug. 22, 2019)

Opinion

No. 79090-COA

08-22-2019

CINDY L. ARMENTROUT; AND ROBERT KAUFFMAN, Petitioners, v. THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WASHOE; AND THE HONORABLE SCOTT N. FREEMAN, DISTRICT JUDGE, Respondents, and PATRICIA MEAD; KATHIE MEAD; THE MEAD FAMILY TRUST; KENNETH R. CARMAN; AND WASHOE COUNTY HEALTH DISTRICT, Real Parties in Interest.


ORDER DENYING PETITION FOR WRIT OF MANDAMUS

This original petition for a writ of mandamus challenges a district court order granting a motion to withdraw a jury demand.

A writ of mandamus is available to compel the performance of an act that the law requires as a duty resulting from an office, trust, or station or to control an arbitrary or capricious exercise of discretion. See NRS 34.160; Int'l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). This court has discretion as to whether to entertain a petition for extraordinary relief and will not do so when the petitioner has a plain, speedy, and adequate remedy at law. NRS 34.170; D.R. Horton, Inc. v. Eighth Judicial Dist. Court, 123 Nev. 468, 474-75, 168 P.3d 731, 736-37 (2007). Petitioners bear the burden of demonstrating that extraordinary relief is warranted. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).

Having considered the petition and supporting documents filed in this matter, we are not persuaded that this court's intervention by way of extraordinary relief is warranted. Id. Accordingly, we deny the petition. See NRAP 21(b)(1); D.R. Horton, 123 Nev. at 475, 168 P.3d at 737.

It is so ORDERED.

/s/_________, C.J.

Gibbons

/s/_________, J.

Tao

/s/_________, J.

Bulla cc: Hon. Scott N. Freeman, District Judge

Maupin, Cox & LeGoy

Kenneth R. Carman

Washoe County District Attorney/Civil Division

Viloria, Oliphant & Aman L.L.P.

Washoe District Court Clerk


Summaries of

Armentrout v. Second Judicial Dist. Court

COURT OF APPEALS OF THE STATE OF NEVADA
Aug 22, 2019
No. 79090-COA (Nev. App. Aug. 22, 2019)
Case details for

Armentrout v. Second Judicial Dist. Court

Case Details

Full title:CINDY L. ARMENTROUT; AND ROBERT KAUFFMAN, Petitioners, v. THE SECOND…

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Aug 22, 2019

Citations

No. 79090-COA (Nev. App. Aug. 22, 2019)