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Martinez v. Eighth Judicial Dist. Court

COURT OF APPEALS OF THE STATE OF NEVADA
Jul 20, 2020
No. 81455-COA (Nev. App. Jul. 20, 2020)

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


Summaries of

Martinez v. Eighth Judicial Dist. Court

COURT OF APPEALS OF THE STATE OF NEVADA
Jul 20, 2020
No. 81455-COA (Nev. App. Jul. 20, 2020)
Case details for

Martinez v. Eighth Judicial Dist. Court

Case Details

Full title:JENNIFER MARIE MARTINEZ, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT…

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Jul 20, 2020

Citations

No. 81455-COA (Nev. App. Jul. 20, 2020)