Arrington v. Dist. Ct. (Rbm Constr.)

Nevada Supreme Court

Arrington v. Dist. Ct. (Rbm Constr.)

Opinion

Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Writ relief is generally available, however, only when there is no plain, speedy, and adequate remedy in the ordinary course of law. NRS 34.170; NRS 34.330. This court has consistently held that an appeal is typically an adequate legal remedy precluding writ relief. Pan, 120 Nev. at 224, 88 P.3d at 841. We have considered the petition and appendix filed in this matter and conclude that our intervention by way of extraordinary relief is not warranted. First, petitioner has failed to provide this court with any of the parties' pleadings or the parties' motions for summary judgment and the oppositions thereto that are essential for this court's consideration of the writ petition. NRAP 21(a)(4); Pan, 120 Nev. at 228-29, 88 P.3d at 844 (requiring petitioner to submit with his petition copies of any parts of the record before the respondent district court that are essential for this court to understand the issues presented). Second, petitioner has an adequate legal remedy in the form of an appeal from any adverse final judgment. NRAP 21(b)(1); Pan, 120 Nev. at 224, 88 P.3d at 841; Smith, 107 Nev. at 677, 818 P.2d at 851. Accordingly, we ORDER the petition DENIED. 1

• 442\ , J. Hardesty

Parraguirre Cherry

'In light of this order, we deny petitioner's emergency stay motion.

SUPREME COURT OF 2 NEVADA

(0) 1947A cc: Hon. Allan R. Earl, District Judge Bremer Whyte Brown & O'Meara, LLP Sklar Williams LLP Peel Brimley LLP/Henderson Eighth District Court Clerk

SUPREME COURT OF 3 NEVADA

(0) 1947A

Reference

Status
Unpublished