Opinion
No. 75032
02-06-2018
JULIE L. HAMMER, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; THE HONORABLE BRYCE C. DUCKWORTH, DISTRICT JUDGE; THE HONORABLE MATHEW HARTER, DISTRICT JUDGE; THE HONORABLE CHARLES J. HOSKIN, DISTRICT JUDGE; THE HONORABLE LISA M. BROWN, DISTRICT JUDGE; AND THE HONORABLE ELIZABETH GOFF GONZALEZ, DISTRICT JUDGE, Respondents, and GONZALO I. GALINDO-MILAN, FORMERLY IDENTIFIED AS MURPHY RASMUSSEN; AND MARY JOHANNA RASMUSSEN, Real Parties in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION
This original, emergency petition for a writ of mandamus or prohibition challenges various district court orders and procedures and seeks an order directing the district court to deny pending child custody motions.
Having review the petition and its supporting documents, we conclude that this petition is premature. A district court hearing on the pending motions is scheduled for February 7, 2018. Our review of the issues raised herein would be benefited by a complete, post-hearing record. See Archon Corp. v. Eighth Judicial Dist. Court, 133 Nev., Adv. Op. 101, 407 P.3d 702, 709-10 (2017) (emphasizing the judicial economy and efficiency interests served by allowing review only upon a complete record). Moreover, to the extent that the district court hearing results in a final child custody order, petitioner has an adequate legal remedy available in the form of an appeal from the final child custody determination or modification order, precluding writ relief. See NRS 34.170; NRS 34.330; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 88 P.3d 840, 841 (2004). Accordingly, we are not persuaded that our extraordinary and discretionary intervention is warranted at this time, Pan, 120 Nev. at 228, 88 P.3d at 844; Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991), and we
ORDER the petition DENIED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Bryce C. Duckworth, District Judge, Family Court Division
Hon. Mathew Harter, District Judge
Hon. Charles J. Hoskin, District Judge, Family Court Division
Hon. Lisa M. Brown, District Judge, Family Court Division
Hon. Elizabeth Goff Gonzalez, Chief Judge
Julie L. Hammer
Gonzalo I. Galindo-Milan
Black & LoBello
Eighth District Court Clerk