Opinion
88378-COA
05-21-2024
PHILLIP J. FAGAN, JR.; AND PHILLIP J. FAGAN, JR. 2001 TRUST Petitioners, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE ERIKA D. BALLOU, DISTRICT JUDGE, Respondent and AAJ-JAY, INC. Real Party in Interest
UNPUBLISHED OPINION
WRIT OF MANDAMUS OR PROHIBITION
TO: The Honorable Erika Ballou, Judge of the Eighth Judicial District Court:
WHEREAS, this Court having made and filed its written decision that a writ of Mandamus or Prohibition issue, NOW, THEREFORE, you are directed to enter an order vacating the November 1, 2022, order dismissing Fagan's counterclaims against De Carlo and Leonard with prejudice. The Operative dismissal order for these counterclaims is therefore Fagan's October 7, 2022, notice of voluntary dismissal, which dismissed his counterclaims without prejudice., in the case entitled Aal-Jay, INC. v. Phillip J. Fagan, Jr., case number A-21-832379-C.
WITNESS The Honorables Mark Gibbons, Chief Judge, and Bonnie Bulla and Deborah Westbrook, Associate Judges of the Court of the Appeals of the State of Nevada and attested by my hand and seal this 21st day of May 2024.