Lopez v. Dist. Ct. (u.S. Bank Nat'l Ass'n)

IN THE SUPREME COURT OF THE STATE OF NEVADA

CYNTHIA LOPEZ, AN INDIVIDUAL; No. 75656 AND LBB INVESTMENTS, LLC, A

WYOMING LIMITED LIABILITY

COMPANY,

Petitioners, vs.

THE THIRD JUDICIAL DISTRICT

COURT OF THE STATE OF NEVADA,

FfiLED IN AND FOR THE COUNTY OF LYON; JUN 1 5 2018 AND THE HONORABLE LEON A. BROWN 2AiiSORT RE ABERASTURI, DISTRICT JUDGE,

Respondents, EPUTY CLERZ and

U.S. BANK NATIONAL ASSOCIATION,

AS INDENTURE TRUSTEE FOR

SPRINGLEAF MORTGAGE LOAN

TRUST 2013-1; NATIONSTAR

MORTGAGE, LLC, A DELAWARE

LIMITED LIABILITY COMPANY;

NATIONAL DEFAULT SERVICING

CORPORATION, AN ARIZONA

CORPORATION; SOLUTIONSTAR

HOLDINGS, LLC; AND ASSURANT

FIELD ASSET SERVICES, INC., A

TEXAS CORPORATION,

Real Parties in Interest.

ORDER DENYING PETITION FOR

WRIT OF MANDAMUS OR PROHIBITION This original petition for a writ of mandamus or, alternative, prohibition challenges a district court order granting partial summary judgment in a contract and tort action. Having considered the petition and supporting documents, we are not persuaded that our extraordinary and discretionary intervention is warranted. See NRS 34.160; NRS 34.320; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, SUPFIEMECOLIFIT

OF

NEVADA 'gent ry° ) I 947 88 P.3d 840, 844 (2004); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). In particular, petitioners have an adequate remedy in the form of an appeal from the final judgment. See NRS 34.170; NRS 34.330; Pan, 120 Nev. at 224, 88 P.3d at 841; Consol.

Generator-Nev., Inc. v. Cummins Engine Co., Inc., 114 Nev. 1304, 1312, 971 P.2d 1251, 1256 (1998) (explaining that a party may challenge an interlocutory order in the context of an appeal from a final judgment); see also NRAP 3A(b)(1); Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (defining a final judgment). Accordingly, we ORDER the petition DENIED.

Gibbons

, J. Hardesty cc: Hon. Leon Aberasturi, District Judge

Bradley Paul Elley

Tiffany & Bosco, P. A.

Springel & Fink

Akerman LLP/Las Vegas

Third District Court Clerk

SUPREME COURT

OF

NEVADA (0) 194(A