Opinion
No. 68141
07-22-2015
PHILIP JOHN FORBES, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE STEFANY MILEY, DISTRICT JUDGE, Respondents, and DAVID H. HARRIS, Real Party 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 OR PROHIBITION
This original writ petition challenges a district court order denying a motion to dismiss for failure to timely serve process and granting a motion to enlarge the time in which to serve process.
Having considered petitioner's arguments, we are not persuaded that writ relief is warranted. NRS 34.160; NRS 34.320; Int'l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). The record supports the district court's determination that the factors set forth in Saavedra-Sandoval v. Wal-Mart Stores, Inc., 126 Nev. 592, 597, 245 P.3d 1198, 1201 (2010), and Scrimer v. Eighth Judicial District Court, 116 Nev. 507, 516, 998 P.2d 1190, 1195-96 (2000), weighed in favor of granting the untimely motion for an extension of the service deadline and denying petitioner's countermotion to dismiss. Therefore, the district court neither exceeded its jurisdiction nor arbitrarily or capriciously exercised its discretion in rendering its decision. Int'l Game Tech., 124 Nev. at 197, 179 P.3d at 558; see Saavedra-Sandoval, 126 Nev. at 595-96, 245 P.3d at 1200-01 (explaining that the good-cause determinations under NRCP 4(i) are within the district court's discretion). Accordingly, we
ORDER the petition DENIED.
/s/_________, J.
Saitta
/s/_________, J.
Gibbons
/s/_________, J.
Pickering
cc: Hon. Stefany Miley, District Judge
Thorndal Armstrong Delk Balkenbush & Eisinger/Las Vegas
Richard Harris Law Firm
Eighth District Court Clerk