Mutchler Vs. Dist. Ct. (Torres)

IN THE SUPREME COURT OF THE STATE OF NEVADA

MARK MUTCHLER; NEXSTAR No. 80442 BROADCASTING GROUP, INC.;

LIBERTY MUTUAL INSURANCE

COMPANY; AND ELIZABETH CHAVEZ,

Petitioners, vs.

THE EIGHTH JUDICIAL DISTRICT FILED COURT OF THE STATE OF NEVADA,

IN AND FOR THE COUNTY OF CLARK; MAR 1 8 20M AND THE HONORABLE JAMES ELIZABETH A. g:,1.OWN CLERK OF SUPREME COURT CROCKETT, DISTRICT JUDGE,

BY DEP\IFIC C Respondents, and

EVELIN TORRES; KAREN GOMEZ;

GUADALUPE MORALES-DELGADO;

MARIA SANCHEZ; AND SALVADOR

HUGO GOMEZ-GARCIA,

Real Parties in Interest.

ORDER DENYING WRIT PETITION

This is an original petition for a writ of mandamus or prohibition challenging a district court order dismissing a complaint in a tort 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 petitioners lack an adequate legal remedy in the form of an appeal. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004) (observing that the party seeking writ relief bears the burden of establishing that such relief is warranted and that an appeal is generally an adequate remedy that precludes writ relief). Accordingly, we ORDER the petition DENIED.

Pia.. , C.J.

Pickering

, J. Silver cc: Hon. James Crockett, District Judge

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