Marigomen v. Dist. Ct. (Ichiyasu)
Marigomen v. Dist. Ct. (Ichiyasu)
Opinion
warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Moreover, writ relief is available only when there is no plain, speedy, and adequate remedy in the ordinary course of law. NRS 34.170; NRS 34.330; Int'l Game Tech., 124 Nev. at 197, 179 P.3d at 558.
Generally, an appeal is an adequate legal remedy precluding writ relief.
Pan, 120 Nev. at 224, 88 P.3d at 841.
Having considered the petition, we are not persuaded that our intervention is warranted at this time. The district court has scheduled hearings for January 9 and 14, 2015, to consider real party in interest's petitions alleging petitioner's breach of fiduciaries duties. NRS 164.015(6) allows an appeal from a district court order resolving a petition over the internal affairs of a nontestamentary trust. Petitioner has not demonstrated that this court's intervention by extraordinary relief on an emergency basis is warranted before the district court has fully considered the issues below. Accordingly, we deny the petition and the request for a stay. 1 See NRAP 21(b)(1); Pan, 120 Nev. at 228, 88 P.3d at 844; Smith, Nev. at 677, 818 P.2d at 851.
It is so ORDERED.
J.
Parraguirre Saitta
1 We note that a request for a stay in this court must be presented through a separate motion under NRAP 27.
SUPREME COURT OF NEVADA (0) I947A CC: Hon. Gloria Sturman, District Judge Hon. Wesley F. Yamashita, Probate Commissioner Ghandi Deeter Law Offices Mary F Chapman Anthony L. Barney, Ltd. Sparber Annen Morris & Gabriel Eighth District Court Clerk
SUPREME COURT OF 3 NEVADA
(0) 1947A
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