Opinion
No. 68610
08-24-2015
DAVID R. FANDEL, INDIVIDUALLY; AND DAVID R. FANDEL, REPRESENTATIVE AND/OR EXECUTOR OF THE ESTATE OF DAWN C. FANDEL, Petitioners, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE JOANNA KISHNER, DISTRICT JUDGE, Respondents, and TALMER WEST BANK, F/K/A BANK OF LAS VEGAS, AS SUCCESSOR IN INTEREST TO BLACK MOUNTAIN COMMUNITY BANK, Real Party in Interest.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DENYING PETITION FOR WRIT OF PROHIBITION OR MANDAMUS
This original petition for a writ of prohibition or mandamus challenges a district court order in a deficiency action granting partial summary judgment, denying a countermotion for summary judgment, and ordering an evidentiary hearing. Having considered the petition and supporting documents, we conclude that petitioners have failed to demonstrate that our extraordinary intervention is warranted. NRS 34.170; NRS 34.330; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004) (holding that an appeal is generally an adequate legal remedy precluding writ relief). Accordingly, we
We also deny as moot petitioners' motion to stay the proceedings below. --------
/s/_________, J.
Douglas
/s/_________, J.
Cherry
/s/_________, J.
Gibbons
cc: Hon. Joanna Kishner, District Judge
Fox Rothschild, LLP, Las Vegas
Carlyon Law Group, PLLC
Eighth District Court Clerk