Rodriguez Vs. Dist. Ct. (Premier Homes Constr., Inc.)

Nevada Supreme Court

Rodriguez Vs. Dist. Ct. (Premier Homes Constr., Inc.)

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA BARBARA RODRIGUEZ; AND No. 82939 KATHLEEN VIRGINIA JONES, IN HER CAPACITY AS SPECIAL ADMINISTRATOR OF THE ESTATE OF ERNEST RODRIGUEZ, Petitioners, FILED vs. NOV 1 7 2021 THE SECOND JUDICIAL DISTRICT ELIZABE H k BROWN COURT OF THE STATE OF NEVADA, CLE OF PREME COURT IN AND FOR THE COUNTY OF DEP CLERK WASHOE; AND THE HONORABLE KATHLEEN M. DRAKULICH, DISTRICT JUDGE, Respondents, and PREMIER HOME CONSTRUCTION, INC., Real Party in Interest. CORRECTED ORDER DENYING PETITION' This original petition for a writ of mandamus challenges a district court order granting summary judgment on the issue of whether the work performed on appellant's property was a "qualified service" for the purposes of NRS 624.622(4)(a). This court has original jurisdiction to issue writs of mandamus, and the issuance of such extraordinary relief is within this court's sole 1 0n September 30, 2021, this court issued an order denying petition. Page 2 of that order mistakenly included the wrong quote from Williams v. Eighth Judicial Dist. Court, 127 Nev. 518, 524, 262 P.3d 360, 364 (2011). We hereby vacate our September 30 order and enter this order in its place, SUPREME COURT citing to the applicable language from Williams. OF NEVADA icr 947,A 2.1-3301- discretion. See Nev. Const. art. 6, § 4; D.R. Horton, Inc. v. Eighth Judicial Dist. Court, 123 Nev. 468, 474-75, 168 P.3d 731, 736-37 (2007). Petitioners bear the burden to show that extraordinary relief is warranted, and such relief is proper only when there is no plain, speedy, and adequate remedy at law. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004). An appeal is generally an adequate remedy precluding writ relief. Id. at 224, 88 P.3d at 841. Even when an appeal is not immediately available because the challenged order is interlocutory in nature, the fact that the order may ultimately be challenged on appeal from a final judgment generally precludes writ relief: "[m]andamus is also not available when the petitioner has a plain, speedy, and adequate remedy in the ordinary course of law, and the opportunity to appeal a final judgment typically provides an adequate legal remedy." Williams v. Eighth Judicial Dist. Court, 127 Nev. 518, 524, 262 P.3d 360, 364 (2011) (internal quotation marks and citations omitted). Having considered the petition, real party in interest's answer, and petitioner's reply in support of petition, we are not persuaded that our extraordinary intervention is warranted because petitioners have not demonstrated that an appeal from a final judgment below would not be a plain, speedy, and adequate legal remedy. Accordingly, we ORDER the petition DENIED. 4-8 CJ Hardesty /114C4,0 Parraguirre Stiglich SUPREME COURT OF NEVADA (tp 2 cc: Hon. Kathleen M. Drakulich, District Judge Law Office of James Shields Beasley Castronova Law Offices, P.C. Washoe District Court Clerk SUPREME COURT OF NEVADA (0, I947A

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

BARBARA RODRIGUEZ; AND No. 82939 KATHLEEN VIRGINIA JONES, IN HER CAPACITY AS SPECIAL ADMINISTRATOR OF THE ESTATE OF ERNEST RODRIGUEZ, Petitioners, FILED vs. NOV 1 7 2021 THE SECOND JUDICIAL DISTRICT ELIZABE H k BROWN COURT OF THE STATE OF NEVADA, CLE OF PREME COURT IN AND FOR THE COUNTY OF DEP CLERK WASHOE; AND THE HONORABLE KATHLEEN M. DRAKULICH, DISTRICT JUDGE, Respondents, and PREMIER HOME CONSTRUCTION, INC., Real Party in Interest.

CORRECTED ORDER DENYING PETITION'

This original petition for a writ of mandamus challenges a district court order granting summary judgment on the issue of whether the work performed on appellant's property was a "qualified service" for the purposes of NRS 624.622(4)(a). This court has original jurisdiction to issue writs of mandamus, and the issuance of such extraordinary relief is within this court's sole

1 0n September 30, 2021, this court issued an order denying petition. Page 2 of that order mistakenly included the wrong quote from Williams v. Eighth Judicial Dist. Court, 127 Nev. 518, 524, 262 P.3d 360, 364 (2011). We hereby vacate our September 30 order and enter this order in its place, SUPREME COURT citing to the applicable language from Williams. OF NEVADA

icr 947,A 2.1-3301- discretion. See Nev. Const. art. 6, § 4; D.R. Horton, Inc. v. Eighth Judicial Dist. Court, 123 Nev. 468, 474-75, 168 P.3d 731, 736-37 (2007). Petitioners bear the burden to show that extraordinary relief is warranted, and such relief is proper only when there is no plain, speedy, and adequate remedy at law. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004). An appeal is generally an adequate remedy precluding writ relief. Id. at 224, 88 P.3d at 841. Even when an appeal is not immediately available because the challenged order is interlocutory in nature, the fact that the order may ultimately be challenged on appeal from a final judgment generally precludes writ relief: "[m]andamus is also not available when the petitioner has a plain, speedy, and adequate remedy in the ordinary course of law, and the opportunity to appeal a final judgment typically provides an adequate legal remedy." Williams v. Eighth Judicial Dist. Court, 127 Nev. 518, 524, 262 P.3d 360, 364 (2011) (internal quotation marks and citations omitted). Having considered the petition, real party in interest's answer, and petitioner's reply in support of petition, we are not persuaded that our extraordinary intervention is warranted because petitioners have not demonstrated that an appeal from a final judgment below would not be a plain, speedy, and adequate legal remedy. Accordingly, we ORDER the petition DENIED.

4-8 CJ Hardesty

/114C4,0 Parraguirre Stiglich SUPREME COURT OF NEVADA

(tp

2 cc: Hon. Kathleen M. Drakulich, District Judge Law Office of James Shields Beasley Castronova Law Offices, P.C. Washoe District Court Clerk

SUPREME COURT OF NEVADA

(0, I947A

Reference

Status
Published