Opinion
No. 60287.
02-27-2012
RIVERWALK TOWER UNIT–OWNERS' ASSOCIATION, Petitioner, v. The SECOND JUDICIAL DISTRICT COURT of the STATE of Nevada, in and for the COUNTY OF WASHOE; and the Honorable Michael Montero, District Judge, Respondents, and Chaim Freeman ; and Shevach, Inc., Real Parties in Interest.
Robert C. Maddox & Associates/Reno Castronova Law Offices, P.C.
Robert C. Maddox & Associates/Reno
Castronova Law Offices, P.C.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This original petition for a writ of mandamus challenges a district court order granting a motion for directed verdict.
A writ of mandamus is available to compel the performance of an act that the law requires or to control an arbitrary or capricious exercise of discretion. NRS 34.160 ; International Game Tech. v. Dist. Ct., 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). Where there is no plain, speedy, and adequate remedy in the ordinary course of law, NRS 34.170, extraordinary relief may be available. Smith v. District Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). A writ of mandamus is an extraordinary remedy, and whether such a writ will be considered is within our sole discretion. Id. It is petitioner's burden to demonstrate that our extraordinary intervention is warranted. Pan v. Dist. Ct., 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Having considered the petition, we conclude that our intervention by way of extraordinary relief is not warranted. NRAP 21(b)(1) ; Smith, 107 Nev. at 677, 818 P.2d at 851. Accordingly, we
In light of this order, petitioner's emergency motion for stay of trial is denied.