Mesquite Vistas Cmty. Ass'n v. Dist. Ct. (Homeowner Benefits LLC)

IN THE SUPREME COURT OF THE STATE OF NEVADA

MESQUITE VISTAS COMMUNITY No. 72674 ASSOCIATION,

Petitioner, vs.

THE EIGHTH JUDICIAL DISTRICT

COURT OF THE STATE OF NEVADA,

IN AND FOR THE COUNTY OF CLARK;

AND THE HONORABLE KATHLEEN E.

DELANEY, DISTRICT JUDGE,

Respondents, and

HOMEOWNER BENEFITS LLC, ON

BEHALF OF ITSELF AND AS

REPRESENTATIVE OF THE CLASS

HEREIN DEFINED,

Real Party in Interest.

ORDER DENYING PETITION FOR

WRIT OF MANDAMUS OR PROHIBITION This original petition for a writ of mandamus or prohibition challenges a district court order denying a motion for summary judgment in a class action seeking refunds from a homeowners' association. Having considered the petition and supporting documents, we are not persuaded that our extraordinary and discretionary intervention is warranted at this time. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). Based on the existing record, even if we were to agree with the arguments presented in the petition, it does not appear that all of the claims asserted below would necessarily be resolved. See Moore v. Eighth Judicial Dist. Court, 96 Nev. 415, 416-17, 610 P.2d 188, 189 (1980) (determining that writ relief is not SUPREME COURT

OF

NEVADA

(0) 1947A an appropriate remedy when resolution of the writ petition would not dispose of the entire controversy). This order should not be construed as precluding petitioner from making the same arguments in any future writ petition or appeal. Accordingly, we

ORDER the petition DENIED.

.2ks J. Douglas

Pickering cc: Hon. Kathleen E. Delaney, District Judge Pengilly Law Firm

Holland & Hart LLP/Las Vegas

Floyd A. Hale

Adams Law Group

Brown Brown & Premsrirut

Eighth District Court Clerk

SUPREME COURT

OF

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