From Casetext: Smarter Legal Research

Quaintance v. The Eighth Judicial Dist. Court of the State

Supreme Court of Nevada
Dec 12, 2022
No. 85761 (Nev. Dec. 12, 2022)

Opinion

85761

12-12-2022

BONNIE NYBERG QUAINTANCE, AN INDIVIDUAL IN HER OWN BEHALF AND AS THE SPECIAL ADMINISTRATOR OF THE ESTATE OF GARY ALDEN QUAINTANCE, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE DAVID M. JONES, DISTRICT JUDGE, Respondents, and THE PALMER LAW FIRM P.C., A PROFESSIONAL CORPORATION; AND RICHARD B. HERMAN, P.C., A PROFESSIONAL CORPORATION, Real Parties in Interest.


UNPUBLISHED OPINION

ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION

Hardesty, C.J.

This emergency petition for a writ of mandamus or prohibition seeks a stay pending appeal, in light of the district court's failure to hear a stay motion filed below before the morning of an evidentiary hearing.

Having considered the petition and supporting documentation, we are not convinced that our extraordinary and discretionary intervention is warranted. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is warranted); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (recognizing that writ 1 relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). Writ relief is available only when there is no plain, adequate, and speedy legal remedy, Pan, 120 Nev. at 224, 88 P.3d at 841; NRS 34.170; NRS 34.330, and here, petitioner may move for a stay in her appeal, which was docketed in this court last week. Nelson v. Heer, 121 Nev. 832, 122 P.3d 1252 (2005), as modified (Jan. 25, 2006); NRAP 8. Thus, petitioner has an adequate legal remedy precluding writ relief. Moreover, we are not inclined to intervene before the district court has had an opportunity to consider petitioner's stay motion. See NRAP 8(a); TRP Fund VI, LLC v. PHH Mortg. Corp., 138 Nev. Adv. Op. 21, 506 P.3d 1056 (2022). Accordingly, we ORDER the petition DENIED.

Stiglich, J. Herndon, J. Judges

Hon. David M. Jones, District Judge 2


Summaries of

Quaintance v. The Eighth Judicial Dist. Court of the State

Supreme Court of Nevada
Dec 12, 2022
No. 85761 (Nev. Dec. 12, 2022)
Case details for

Quaintance v. The Eighth Judicial Dist. Court of the State

Case Details

Full title:BONNIE NYBERG QUAINTANCE, AN INDIVIDUAL IN HER OWN BEHALF AND AS THE…

Court:Supreme Court of Nevada

Date published: Dec 12, 2022

Citations

No. 85761 (Nev. Dec. 12, 2022)