Opinion
No. 64475
07-27-2015
KENNETH D. SISCO, Petitioner, v. THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WASHOE; AND THE HONORABLE DAVID A. HARDY, DISTRICT JUDGE, Respondents, and F. DEARMOND SHARP, ESQ., AN INDIVIDUAL; ROBISON BELAUSTEGUI SHARP & LOW, A NEVADA PROFESSIONAL CORPORATION; AND CHRIS D. NICHOLS, ESQ., AN INDIVIDUAL, Real Parties in Interest.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER GRANTING PETITION FOR REHEARING, VACATING PRIOR ORDER, AND GRANTING PETITION FOR WRIT OF MANDAMUS
On July 31, 2014, this court denied petitioner's writ petition on the ground that our intervention was unwarranted. Thereafter, petitioner filed a petition for rehearing, arguing that because the issues presented in his writ petition were interrelated to the issues raised in the consolidated appeals in Docket Nos. 60944 and 61329, it was improper for this court to deny his writ petition before resolving the consolidated appeals.
Having considered petitioner's rehearing petition and the response filed by real parties in interest, we agree that rehearing is warranted. NRAP 40(c). Accordingly, we hereby vacate our July 31, 2014, order denying petitioner's writ petition. Moreover, in light of our conclusion in the consolidated appeals that arguably reasonable grounds existed for filing the underlying complaint, we conclude that petitioner has demonstrated that our intervention is warranted. See Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Accordingly, we
ORDER the petition GRANTED AND DIRECT THE CLERK OF THIS COURT TO ISSUE A WRIT OF MANDAMUS instructing the district court to vacate its September 11, 2012, order and its September 6, 2013, judgment to the extent that those orders imposed sanctions against petitioner.
/s/_________, C.J.
Hardesty
/s/_________, J.
Parraguirre
/s/_________, J.
Douglas
/s/_________, J.
Cherry
/s/_________, J.
Saitta
/s/_________, J.
Gibbons
/s/_________, J.
Pickering
cc: Hon. David A. Hardy, District Judge
Kenneth Dale Sisco
Robison Belaustegui Sharp & Low
Washoe District Court Clerk