Nevada Supreme Court, 2021

Superpumper, Inc. Vs. Dist. Ct. (Leonard)

Superpumper, Inc. Vs. Dist. Ct. (Leonard)
Nevada Supreme Court · Decided January 15, 2021

Superpumper, Inc. Vs. Dist. Ct. (Leonard)

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

SUPERPUMPER, INC., AN ARIZONA No. 82157 CORPORATION; EDWARD BAYUK, INDIVIDUALLY AND AS TRUSTEE OF THE EDWARD WILLIAM BAYUK LIVING TRUST; SALVATORE MORABITO, AN INDIVIDUAL; AND SNOWSHOE PETROLEUM, INC., A NEW YORK CORPORATION, FILE Petitioners, vs. JAN 1 2021 THE SECOND JUDICIAL DISTRICT I A. BROWN PRENIE COURT COURT OF THE STATE OF NEVADA, IN DEP Y CLERK AND FOR THE COUNTY OF WASHOE; AND THE HONORABLE CONNIE J.

STEINHEIMER, DISTRICT JUDGE, Respondents, and WILLIAM A. LEONARD, TRUSTEE FOR THE BANKRUPTCY ESTATE OF PAUL ANTHONY MORABITO, Real Party in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION This original petition for a writ of mandamus or prohibition challenges district court orders denying claims of exemption from post- judgment enforcement proceedings and a claim brought under the third- party claims statute, NRS 31.070. Having considered the petition and the supporting documentation, we are not persuaded that our extraordinary and discretionary intervention is warranted. NRS 34.160; NRS 34.320; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is 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). Accordingly, we ORDER the petition DENIED.

-914.31t6b4j2V1.1 Parraguirre j.

AiktbL.0 , J.

Stiglich

J.

Silver

cc: Hon. Connie J. Steinheimer, District Judge Hartman & Hartman Claggett & Sykes Law Firm Garman Turner Gordon Jones Lovelock Washoe District Coart Clerk

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