Milman, M.D. v. Dist. Ct. (Green)

IN THE SUPREME COURT OF THE STATE OF NEVADA ADAM MILMAN, M.D., AN INDIVIDUAL, No. 78647 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE KENNETH C. FILFD CORY, DISTRICT JUDGE, Respondents, JUN 1 7 2019 and ELIZABETH A. BROWN

CLERK OF SUPREME COURT JEFFERY GREEN AND SARA L. FOLEY, AS CO-ADMINISTRATORS OF THE BY DgUT

ONZI:Xtl' ic ESTATE OF MARILYN GREEN; JEFFERY GREEN, INDIVIDUALLY; AND RICKEY GREEN, INDIVIDUALLY, Real Parties in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

This original petition for a writ of mandamus challenges district court orders denying motions to dismiss in a professional negligence and wrongful death action.

Having considered the petition and supporting documentation, we conclude that our extraordinary and discretionary intervention is not warranted. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). In particular, we are not persuaded that an appeal from an adverse final judgment would be an inadequate legal remedy. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 223, 228, 88 P.3d 840, 841, 844 (2004) (observing that the party seeking writ relief bears the SUPREME COURT

OF NEVADA

(0) 1947A iq _2(0028 burden of showing such relief is warranted and that an appeal from a final judgment is generally an adequate remedy that precludes writ relief). Accordingly, we

ORDER the petition DENIED.

Pickering

J. Parraguirre Cadish cc: Hon. Kenneth C. Cory, District Judge

Hutchison & Steffen, LLC/Las Vegas Wolfe & Wyman LLP Eighth District Court Clerk

SUPREME COURT

OF NEVADA

(0) 194Th

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