Opinion
88154
03-08-2024
VIANCA MAIN MORENO TAPIA, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE REGINA M. MCCONNELL, DISTRICT JUDGE, Respondents, and RITO FLETES HERRERA, Real Party in Interest.
UNPUBLISHED OPINION
ORDER DENYING PETITION
This is an original petition for a writ of mandamus or prohibition challenging a district court post-divorce decree order regarding enforcement of the divorce decree and setting a deadline for the sale of the marital home.
Writ relief may be appropriate when the petitioner lacks a plain, speedy, and adequate remedy at law, and the petitioner bears the burden to demonstrate that extraordinary relief is necessary. Pan v. Eighth Jud. Dist. Ct, 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004); NRS 34.170; NRS 34.330. Having reviewed the petition, we conclude that petitioner has not demonstrated that our extraordinary and discretionary intervention is warranted. Pan, 120 Nev. at 224, 88 P.3d at 841 ("[T]he right to appeal is generally an adequate legal remedy that precludes writ relief."); Davidson v. Davidson, 132 Nev. 709, 713, 382 P.3d 880, 882-83 (2016) (providing that an order adjudicating a motion to enforce a divorcee decree is appealable as a special order after final judgment). Accordingly, we
ORDER the petition DENIED.
Cadish, C.J., Stiglich, J., Herndon, J.
Hon. Regina M. McConnell, District Judge