Opinion
No. 79063-COA
08-15-2019
SEAN A. MUTOFF, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE CHERYL B. MOSS, DISTRICT JUDGE, Respondents, and HAYLEY B. MUTOFF, Real Party in Interest.
ORDER DENYING PETITION FOR WRIT OF PROHIBITION
This original petition for a writ of prohibition seeks an order prohibiting the district court from taking various actions in a family law matter.
A writ of prohibition may be warranted when a district court acts without or in excess of its jurisdiction. See NRS 34.320; Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). This court has discretion as to whether to entertain a petition for extraordinary relief and will not do so when the petitioner has a plain, speedy, and adequate remedy at law. See NRS 34.330; D.R. Horton, Inc. v. Eighth Judicial Dist. Court, 123 Nev. 468, 474-75, 168 P.3d 731, 736-37 (2007). Petitioner bears the burden of demonstrating that extraordinary relief is warranted. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).
Having considered the petition, we are not persuaded that this court's intervention by way of extraordinary relief is warranted. See id. Accordingly, we deny the petition. See NRAP 21(b)(1); D.R. Horton, 123 Nev. at 475, 168 P.3d at 737.
It is so ORDERED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Cheryl B. Moss, District Judge, Family Court Division
The Grimes Law Office
Fine Carman Price
Eighth District Court Clerk