Opinion
No. 68914
10-15-2015
MARK G. SIMONS; AND ROBISON BELAUSTEGUI SHARP & LOW, Petitioners, v. THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WASHOE; AND THE HONORABLE ELLIOTT A. SATTLER, DISTRICT JUDGE, Respondents, and HARRY J. PAPPAS, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 MANDAMUS
This original petition for a writ of mandamus challenges a district court order denying petitioners' motion to adjudicate their attorney lien in a contract action. Having considered the petition and supporting documents, we conclude that petitioners have failed to demonstrate that the district court arbitrarily or capriciously abused its discretion. Int'l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008); see Leventhal v. Black & LoBello, 129 Nev., Adv. Op. 50, 305 P.3d 907, 910 (2013) (indicating that a charging lien cannot be adjudicated prior to the client's recovery of some tangible benefit to which the lien can attach). Accordingly, we
ORDER the petition DENIED.
/s/_________, J.
Saitta
/s/_________, J.
Gibbons
/s/_________, J.
Pickering
cc: Hon. Elliott A. Sattler, District Judge
Robison Belaustegui Sharp & Low
Harry J. Pappas
Washoe District Court Clerk