Dignity Health v. Dist. Ct. (Baxter)

IN THE SUPREME COURT OF THE STATE OF NEVADA DIGNITY HEALTH, D/B/A ST. ROSE No. 75849 DOMINICAN HOSPITAL-SIENA CAMPUS, Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA,

AL IN AND FOR THE COUNTY OF MAY 1 7 2018 CLARK; AND THE HONORABLE

ELIZABETH A. BROWN DAVID M. JONES, DISTRICT JUDGE, CLER ni E COURT

_=(.1.../itto BY

Respondents, and WILLIAM NATHAN BAXTER, Real Party in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

OR OTHER EXTRAORDINARY RELIEF This emergency original petition for a writ of mandamus or other extraordinary relief challenges a district court ruling and order denying, respectively, petitioner's motion in limine no. 21 and motion for summary judgment, thus allowing real party in interest to pursue an ostensible agency theory of liability at trial.

Having considered the petition and supporting documents, we are not persuaded that our extraordinary and discretionary intervention is warranted. NRS 34.160; Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). We generally will not consider writ petitions challenging orders denying summary judgment. Smith u. Eighth Judicial Dist. Court, 113 Nev. 1343, 1344, 950 P.2d 280, 281 (1997). Here, petitioner has an adequate and speedy legal remedy in the form of an appeal from any adverse final judgment, precluding writ relief. NRS 34.170; Pan

153-18q31 v. Eighth Judicial Dist. Court, 120 Nev. 222, 225, 88 P.3d 840, 841 (2004); see also Archon Corp. v. Eighth Judicial Dist. Court, 133 Nev., Adv. Op. 101, 407 P.3d 702, 706 (2017) (recognizing that "[a] writ of mandamus is not a substitute for an appeal," but rather, the writ should be used sparingly, "for extraordinary causes"). Additionally, trial is scheduled to recommence next week, during which the issue of ostensible agency may be further developed in a manner helpful for appellate review. Therefore, we

ORDER the petition DENIED.

, C.J. Douglas Pickering Hardesty cc: Hon. David M. Jones, District Judge

Alverson Taylor Mortensen & Sanders Kenneth M. Sigelman & Associates Christiansen Law Offices Eighth District Court Clerk

SUPREME COURT

OF NEVADA

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