Opinion
No. 81455-COA
07-20-2020
JENNIFER MARIE MARTINEZ, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE RHONDA KAY FORSBERG, DISTRICT JUDGE, Respondents, and PAUL GILBERT MARTINEZ, 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 June 3, 2020, district court oral ruling granting real party in interest compensatory time with the parties' minor child.
Having reviewed the petition and supporting documents, we conclude that petitioner has not met her burden of demonstrating that our extraordinary intervention is warranted in this matter. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the petitioner bears the burden of showing that writ relief is warranted). Therefore, we decline to exercise our discretion to further consider this petition, Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that we have sole discretion in determining whether to entertain a writ petition), and we
Problematically, it appears that the district court has not yet entered a written order reflecting its ruling on real party in interest's motion to enforce seeking compensatory time. See State, Div. Child & Fam. Servs. v. Eighth Judicial Dist. Court, 120 Nev. 445, 451, 92 P.3d 1239, 1243 (2004) (stating that an order must be written, signed, and filed).
ORDER the petition DENIED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Rhonda Kay Forsberg, District Judge
Alex B. Ghibaudo, PC.
The Grimes Law Office
Eighth District Court Clerk