Opinion
No. 77034
09-27-2018
ARTURO GOMEZ-TORRES, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE GERALD W. HARDCASTLE, SENIOR DISTRICT COURT JUDGE, Respondents, and STEPHANIE LOVELL, Real Party in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION
This original, emergency petition for a writ of mandamus or prohibition challenges a district court order granting a motion to modify child custody for relocation purposes. Petitioner has alternatively sought a stay pending resolution of this proceeding.
Having considered the petition and supporting documents, we are not persuaded that our extraordinary and discretionary intervention is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). Petitioner has an adequate legal remedy available in the form of an appeal from an order that finally resolves the motion to modify custody, NRAP 3A(b)(7), and the availability of an appeal generally precludes writ relief. See NRS 34.170; NTS 34.330; Pan, 120 Nev. at 224, 88 P.3d at 841. Further, petitioner has not demonstrated that emergency relief is necessary before the district court fully resolves the custody issues below. We note that the remaining issues are scheduled to be argued at a hearing this week. Accordingly, we
In light of this order, petitioner's alternative request for a stay is denied as moot. --------
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Chief Judge, The Eighth Judicial District Court
Hon. Gerald W. Hardcastle, Senior Judge
Bowen Law Offices
Stephanie Lovell
Eighth District Court Clerk