Opinion
No. 66726
12-31-2015
GLOBUS MEDICAL, INC., Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE STEFANY MILEY, DISTRICT JUDGE, Respondents, and LENA PRESNAL, INDIVIDUAL, HEIR AND SPECIAL ADMINISTRATRIX OF THE ESTATE OF ANASTASIA LYNN PRESNAL, DECEASED, Real Party in Interest.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DISMISSING PETITION
This is an original petition for a writ of mandamus challenging a district court order denying a motion for summary judgment in a medical malpractice and negligence action. Eighth Judicial District Court, Clark County; Stefany Miley, Judge.
Real party in interest has filed a motion to dismiss this petition as moot based on the fact that petitioner and real party in interest settled in the underlying district court case and petitioner was dismissed from that action. Real party in interest has not opposed the motion.
This court has a duty "not to give opinions upon moot questions or abstract propositions, or to declare principles of law which cannot affect the matter in issue before [us]." Majuba Mining v. Pumpkin Copper, 129 Nev. Adv. Op. 19. 299 P.3d 363, 364 (2013) (internal quotation marks omitted). "[C]ases presenting live controversies at the time of their inception may become moot by the occurrence of subsequent events." Id. (internal quotation marks omitted). We conclude that the dismissal of petitioner from the underlying district court case renders this petition moot. According, we grant the motion and
ORDER this petition DISMISSED.
/s/_________, J.
Saitta
/s/_________, J.
Gibbons
/s/_________, J.
Pickering cc: Hon. Stefany Miley, District Judge
Morris Polich & Purdy, LLP/Las Vegas
Seegmiller & Associates
Richard Harris Law Firm
Eighth District Court Clerk