Nevada Supreme Court, 2015

Jones v. Dist. Ct. (Jones, Jr.)

Jones v. Dist. Ct. (Jones, Jr.)
Nevada Supreme Court · Decided February 17, 2015

Jones v. Dist. Ct. (Jones, Jr.)

Opinion

Writ relief is available where there is no plain, speedy, and adequate remedy in the ordinary course of law, NRS 34.170; NRS 34.330, and the right to an appeal is generally an adequate legal remedy precluding writ relief. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 88 P.3d 840, 841 (2004). A final judgment has been entered in the district court case underlying these matters, and Kimberly has exercised her right to appeal that final judgment. Kimberly therefore has an adequate remedy at law in the form of that appeal, in which the issues raised in the petition can be addressed. 1 Accordingly, we grant Fletcher's motion and dismiss the petition in Docket No. 65061. 2 In Docket No. 66632, Kimberly has also filed a motion to file a motion for stay that exceeds the applicable page limits. NRAP 27(d)(2).

No good cause appearing, we deny the motion. Accordingly, we also deny as moot the motion to file under seal an appendix accompanying the

lIndeed, in her opposition to the motion to dismiss, Kimberly states that the subject of the writ petition "will be one subject of Kimberly's pending appeal." As the writ proceeding is dismissed, we deny Kimberly's motion to consolidate it with the appeal. Further, because the need for a stay of disclosure of the allegedly privileged documents appears to have abated in light of the underlying trial having concluded without their disclosure, we dissolve the stay entered in this court's July 25, 2014, order in Docket No. 65061. Finally, we grant Kimberly's request to defer oral argument to the extent that we vacate our January 28, 2015, order in Docket No. 65061 regarding the scheduling of oral argument.

SUPREME COURT OF NEVADA (0) 1947A motion. The clerk shall return. unfiled, the motion for stay pending appeal and the appendix to appellant's motion for stay pending appeal, both received on February 2, 2015.

It is so ORDERED.

Hardesty

Douglas

Chst Cherry

cc: Hon. Gayle Nathan, District Judge Pecos Law Group Lewis Roca Rothgerber LLP/Las Vegas Kolodny Law Group Black & LoBello Wasser, Cooperman & Carter Jimmerson Hansen Seastrom & Seastrom Lemons, Grundy & Eisenberg Eighth District Court Clerk

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