Opinion
No. 84831-COA
06-09-2022
Allan J. STAHL, M.D.; and Allan J. Stahl, M.D., P.C., Petitioners, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; and the Honorable Joseph Hardy, Jr., District Judge, Respondents, and Kristina Danica Schrage, Individually and as Spouse and Natural Heir of Joseph Patrick Schrage, Jr., and on Behalf of the Estate of Joseph Patrick Schrage, Jr.; and Joseph Patrick Schrage, III, and Mila Danica Schrage, Minors, Individually and as Natural Heirs of Joseph Patrick Schrage, Jr., by and through Their Natural Parent and Guardian, Kristina Danica Schrage, Real Parties in Interest.
McBride Hall Gerald I. Gillock & Associates O'Reilly Law Group
McBride Hall
Gerald I. Gillock & Associates
O'Reilly Law Group
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This original, emergency petition for a writ of mandamus challenges district court orders deferring ruling on a motion in limine and denying, without prejudice, a motion for partial summary judgment in a medical malpractice and tort action.
In filing their emergency petition, petitioners failed to include an NRAP 27(e)(3) certificate. NRAP 21(a)(6) ; TRP Fund VI, LLC v. PHH Mortg. Corp., 138 Nev., Adv. Op. 21, 506 P.3d 1056, 1057-58 (2022).
Having considered the petition and supporting documentation, we are not persuaded that our extraordinary intervention is warranted. NRAP 21(b). Subject to very few exceptions, we decline to exercise our discretion to entertain writ petitions that challenge district court orders denying motions to dismiss or for summary judgment. See Smith v. Eighth Judicial Dist. Court, 113 Nev. 1343, 1344-45, 950 P.2d 280, 281 (1997). We decline to deviate from that rule here, particularly because the district court has not definitively ruled, the underlying matter is currently midtrial, and the issues presented can be raised on appeal from the final judgment, such that petitioners have a plain, speedy, and adequate legal remedy that precludes writ relief. NRS 34.170 ; Walker v. Second Judicial Dist. Court, 136 Nev. 678, 683, 476 P.3d 1194, 1198 (2020) ; see also Moore v. Eighth Judicial Dist. Court, 96 Nev. 415, 416-17, 610 P.2d 188, 189 (1980) (declining to issue writ relief when doing so would not resolve the entire underlying controversy). Accordingly, we
The Honorable Bonnie Bulla, Judge, did not participate in the decision of this matter.