Opinion
No. 74674
12-18-2017
ASHLY WEIDAUER, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE CHARLES J. HOSKIN, DISTRICT JUDGE, Respondents, and KYLE ALLISON, Real Party in Interest.
ORDER DENYING PETITION FOR WRIT OF PROHIBITION
This original petition for a writ of prohibition challenges a district court order directing petitioner to show cause why she should not be held in contempt.
Having considered the petition and supporting documents, we are not persuaded that our extraordinary and discretionary intervention is warranted at this time. NRS 34.320; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). In particular, an affidavit was filed with real party in interest's contempt motion, and although petitioner objected to the affidavit and the district court's assumption of jurisdiction over the contempt proceedings, another affidavit was later filed, and it appears that the district court has not had an adequate opportunity to consider petitioner's arguments against the affidavits and the late filing. Moreover, any argument as to being held in contempt is premature, as the district court has not yet ruled on the motion. Accordingly, we decline to exercise our discretion to intervene at this time, and we
ORDER the petition DENIED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Charles J. Hoskin, District Judge, Family Court Division
The Abrams & Mayo Law Firm
Mills, Mills & Anderson
Eighth District Court Clerk