Morneault, Rph Vs. Dist. Ct. (Adams)
Morneault, Rph Vs. Dist. Ct. (Adams)
Opinion
Opinion
IN THE SUPREME COURT OF THE STATE OF NEVADA
EMIL MORNEAULT, RPH, No. 83580 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE MED MONICA TRUJILLO. DISTRICT JUDGE, OCT 2 2 2021 Respondents, A. BROWN PREME and CLERK PATRICIA ANN ADAMS, INDIVIDUALLY, IN HER CAPACITY AS TRUSTEE OF THE STEWART FAMILY TRUST, DATED JANUARY 31, 2007, IN HER CAPACITY AS SPECIAL ADMINISTRATOR OF THE ESTATE OF CONNIE STEWART AND IN HER CAPACITY AS SPECIAL ADMINISTRATOR OF THE ESTATE OF GARY STEWART; GARY LINCK STEWART, JR., AN INDIVIDUAL; MARY KAY FALLON, AN INDIVIDUAL; ELIZABETH A. HODGE, AN INDIVIDUAL; AND MINH NGUYEN, M.D., Real Parties in Interest.
ORDER DENYING PETITION FOR A WRIT OF MANDAMUS This original petition for a writ of mandamus challenged a district court order denying a motion to dismiss claims in a wrongful death action.
Petitioner seeks to "join" a writ petition filed by a codefendant below, Minh Nguyen, in a previously-filed matter, see Docket No. 83580, SUPREME COURT OF NEVADA
i01 P447A and "incorporate the facts, issues presented, and arguments made in said petition. Problematically, the relief petitioner seeks is the district court's granting of his motion to dismiss the claims against him, which is not the same relief sought by Nguyen in Docket No. 83580, wherein Nguyen seeks a district court order granting his motion to dismiss filed below and the dismissal of the claims against hirn, not the claims against petitioner. We therefore decline to "join" petitioner's writ petition to Nguyen's writ petition in Docket No. 83580.
Further, this court's rules generally do not allow a party to endorse or incorporate by reference an issue raised in briefs filed in another case, cf. NRAP 28(e), and petitions for extraordinary relief are required to state the relief sought, issues presented, the facts necessary to understand the issues presented, and the reasons why the writ should issue, including points and legal authorities, see NRAP 21(a)(3). Therefore, without deciding the merits of the claims raised, we decline to exercise our original jurisdiction in this matter, see NRAP 21(b); Pan v. Eighth Judicial Dist.
Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) C`Petitioned carr[ies} the burden of demonstrating that extraordinary relief is warranted.").
Accordingly, we ORDER the petition DENIED.
, C.J.
Hardesty
A'asliCA-0 J.
Parraguirre Stiglich
cc: Hon. Monica Trujillo, District Judge Weinberg. Wheeler. Hudgins, Gunn & Dial, LLC/Las Vegas Hayes Wakayama Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas Eighth District Court Clerk
SUPREME COURT OF NEVADA
10) 1947A cgW1117.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.