Opinion
No. 64668
02-05-2014
RYAN KIRBY HUPPERT, BY AND THROUGH KRISTI L. WOTTON AND KAY A. HILL, SPECIAL ADMINISTRATORS OF THE ESTATE OF RYAN KIRBY HUPPERT, Petitioner, 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 HEALTHSOUTH REHABILITATION HOSPITAL OF DESERT CANYON, LLC, D/B/A HEALTHSOUTH DESERT CANYON REHABILITATION HOSPITAL; THI OF NEVADA AT LAS VEGAS I, LLC, D/B/A HARMON MEDICAL AND REHABILITATION HOSPITAL; THI OF NEVADA AT HENDERSON CONVALESCENT, LLC, D/B/A HENDERSON HEALTHCARE CENTER; ANDREA ELIZABETH PERNELL, M.D.; ALEKSANDR KRIVONOVSKIY, M.D.; AND ROLAND JAYSON F. PUA, M.D., Real Parties 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 MANDAMUS
This original petition for a writ of mandamus challenges a district court order granting a partial motion to dismiss in a medical malpractice action.
A writ of mandamus is available to compel the performance of an act that the law requires or to control an arbitrary or capricious exercise of discretion. NRS 34.160; Int'l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). Whether a petition for mandamus relief will be considered is purely discretionary with this court. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). It is petitioner's burden to demonstrate that our extraordinary intervention is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Writ relief is generally available only when there is no plain, speedy, and adequate remedy in the ordinary course of law. NRS 34.170; Smith, 107 Nev. at 677, 818 P.2d at 851. Moreover, this court has held that the right to appeal is typically an adequate legal remedy precluding writ relief. Pan, 120 Nev. at 224, 88 P. 3d at 841.
Having considered the petition, we conclude that petitioner has not shown that our intervention by way of extraordinary relief is warranted. NRAP 21(b)(1); Smith, 107 Nev. at 677, 818 P.2d at 851. Accordingly, we
In light of this order, we deny as moot petitioner's motion for stay.
__________, J.
Pickering
__________, J.
Parraguirre
__________, J.
Saitta
cc: Hon. Joanna Kishner, District Judge
Zimmerman Law Firm, P.C.
Bourassa Law Group, LLC
Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas
Cotton, Driggs, Walch, Holley, Woloson & Thompson/Las Vegas
Jimmerson Hansen
Alverson Taylor Mortensen & Sanders
Marquis Aurbach Coffing
Rourke Law Firm
Eighth District Court Clerk