Wendler v. Ninth Judicial Dist. Court of State

Full title: STEVE WENDLER, Petitioner, v. THE NINTH JUDICIAL DISTRICT COURT OF THE…

Court: COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Jul 8, 2019

No. 78579-COA (Nev. App. Jul. 8, 2019)

Opinion

No. 78579-COA

07-08-2019

STEVE WENDLER, Petitioner, v. THE NINTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF DOUGLAS; AND THE HONORABLE THOMAS W. GREGORY, DISTRICT JUDGE, Respondents, and DANELE WENDLER, Real Party in Interest.

Gibbons

ORDER DENYING PETITION FOR A WRIT OF PROHIBITION

This is an original petition for a writ of prohibition challenging a district court order following a contempt hearing.

A writ of prohibition may be warranted when a district court acts without or in excess of its jurisdiction. NRS 34.320; Club Vista Fin. Servs., LLC v. Eighth Judicial Dist. Court, 128 Nev. 224, 228, 276 P.3d 246, 249 (2012). 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. 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 and supporting documents filed in this matter, we are not persuaded that this court's intervention by way of extraordinary relief is warranted. 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.¹

1 To the extent petitioner challenges the district court's order on the basis that it does not reflect the district court's ruling and includes additional provisions not considered by the district court, the court failed to provide petitioner an opportunity to object to the proposed order pursuant to NJDCR 12 (providing an opposing party ten calendar days to object to the form or substance of a proposed order). Thus, while we deny the instant writ petition, the district court should provide petitioner the opportunity to present those arguments to the district court in the first instance through the filing of a motion requesting appropriate relief from that court. --------

/s/_________, C.J.

Gibbons

/s/_________, J.

Tao

/s/_________, J.

Bulla cc: Hon. Thomas W. Gregory, District Judge

Law Office of Karen L. Winters

Pence & Associates

Douglas County Clerk