Opinion
No. 65873
07-08-2014
THERESA M. DOWLING, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE KATHLEEN E. DELANEY, DISTRICT JUDGE, Respondents, and JOHN PETER LEE, LTD.; JOHN PETER LEE, INDIVIDUALLY; PAUL C. RAY, CHTD.; AND PAUL C. RAY, INDIVIDUALLY, Real Parties in Interest.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This is an original petition for a writ of mandamus challenging a district court order regarding a peremptory challenge in consolidated contract and malpractice actions.
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. 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 the discretion to determine whether a writ petition will be considered. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). Petitioner bears the burden of demonstrating that this court's extraordinary intervention is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).
We have reviewed petitioner's arguments and appendix and conclude that our intervention by way of extraordinary relief is not warranted at this time. Id. Accordingly, we deny this petition. Smith, 107 Nev. at 677, 818 P.2d at 851; see also NRAP 21(b)(1).
In light of this order, we deny petitioner's June 25, 2014, stay motion as moot.
__________, J.
Hardesty
__________, J.
Douglas
__________, J.
Cherry
cc: Hon. Kathleen E. Delaney, District Judge
Prince & Keating, LLP
Santoro Whitmire
Olson, Cannon, Gormley, Angulo & Stoberski
Lipson Neilson Cole Seltzer & Garin, P.C.
Carlyon Law Group, PLLC
Eighth District Court Clerk