Transitional Hosps. Corp. Of Nev., Llc Vs. Dist. Ct. (Galaviz)

IN THE SUPREME COURT OF THE STATE OF NEVADA

TRANSITIONAL HOSPITALS No. 81363 CORPORATION OF NEVADA, LLC,

D/B/A KINDRED HOSPITAL LAS

VEGAS-FLAMINGO CAMPUS,

Petitioner, vs.

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

IN AND FOR THE COUNTY OF JUL 2 4 2020 CLARK; AND THE HONORABLE EUZAOETH OWN ca.ERK,FsuptiEtrE COURT RONALD J. ISRAEL, DISTRICT BY .3 • DEPUTY CLERK fl JUDGE,

Respondents, and

ANITA GALAVIZ, DECEASED, BY AND

THROUGH ELPIDIO GALAVIZ, HER

HEIR AND NEXT OF KIN,

Real Party in Interest.

ORDER DENYING PETITION FOR A WRIT OF MANDAMUS

This is an original petition for a writ of mandamus challenging a district court order denying petitioner's motion to dismiss on the basis that real party in interest's tort complaint sounds in negligence and falls within the scope of NRS 41A.015—requiring an expert affidavit.

Having considered petitioner's arguments and the supporting documents, we are not persuaded that our extraordinary and discretionary intervention is warranted. 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). In particular, petitioner has an adequate remedy in the form of an appeal from a final judgment. Pan, 120 Nev. at 224, 88 P.3d at 841. Accordingly, we ORDER the petition DENIED.

Pickering

ArCubal-0 Hardesty Stiglich cc: Hon. Ronald J. Israel, District Judge

Giovanniello Law Group

Gazda & Tadayon

Eighth District Court Clerk

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