Nevada Supreme Court, 2021

Spanish Heights Acquisition Co., Llc Vs. Dist. Ct. (Cbc Partners I, Llc)

Spanish Heights Acquisition Co., Llc Vs. Dist. Ct. (Cbc Partners I, Llc)
Nevada Supreme Court · Decided September 30, 2021

Spanish Heights Acquisition Co., Llc Vs. Dist. Ct. (Cbc Partners I, Llc)

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA SPANISH HEIGHTS ACQUISITION No. 83526 COMPANY, LLC; AND SJC VENTURES HO:WING COMPANY, LLC d/b/a SJC VENTURES, LLC, Petitioners, vs. THE HONORABLE ELIZABETH FILE GONZALEZ, DISTRICT JUDGE; AND THE EIGHTH JUDICIAL DISTRICT SEP 0 2021 COURT OF THE STATE OF NEVADA, Et-UAW A. SPOWN CLEP F PRENE COUR IN AND FOR THE COUNTY OF EY dir DEN., CLERK CLARK, Respondents, and CBC PARTNERS I, LLC; 5148 SPANISH HEIGHTS, LLC; KENNETH ANTOS; AND SHEILA NEUMANN-ANTOS, Real Parties in Interest. ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION This original petition for a writ of mandamus or prohibition ch.allenges a district court order appointing a receiver and the court's refusal to grant injunction relief. An appeal is generally an adequate legal remedy precluding writ relief. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 88 P.3d 840, 841 (2004); see NRS 34.170; NRS 34.330. Since an order appointing a receiver is appealable under NRAP 3A(b)(4) and an order denying an injunction is appealable under NRAP 3A(b)(3), petitioners have an adequate legal remedy in the form of an appeal from the district court's orders. See NRA.P 4(a)(1) (stating that the notice of appeal must be filed SUPREME COURT OF NEvADA 11 MI7/5 001&.• within 30 days from the date when written notice of entry of the order appealed from is served). Indeed, it appears that petitioners have appealed from the challenged orders, see Spanish Heights Acquisition Co., LLC v. CBC Partners I; LLC, Docket Nos. 82868 & 83407, and petitioners have not argued or demonstrated that our extraordinary intervention is nevertheless warranted to review these orders. Thus, we decline to consider this petition for extraordinary writ relief, NRAP 21(1); Smith u. Eighth Judicial Dist. Court, 1.07 Nev. 674, 818 P.2d 849 (1994 and we ORDER the petition DENIED.1 A • C.J. Haridesty A104)(1‘..0 , J. Stiglich cc: Hon. Elizabeth Goff Gonzalez, District Judge lion. Joanna Kishner, District Judge Maier Gutierrez & Associates Mushkin & Coppedge .Eighth District Court Clerk qn light of this order, petitioners emergency motion for stay, as well as real parties in interest's motion to extend the deadline to respond to the stay motion past the requested relief date, are denied as moot. SUPREME COURT OF NEVADA 2 top 194 ift .11.1g1D

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

SPANISH HEIGHTS ACQUISITION No. 83526 COMPANY, LLC; AND SJC VENTURES HO:WING COMPANY, LLC d/b/a SJC VENTURES, LLC, Petitioners, vs. THE HONORABLE ELIZABETH FILE GONZALEZ, DISTRICT JUDGE; AND THE EIGHTH JUDICIAL DISTRICT SEP 0 2021 COURT OF THE STATE OF NEVADA, Et-UAW A. SPOWN CLEP F PRENE COUR IN AND FOR THE COUNTY OF EY dir DEN., CLERK CLARK, Respondents, and CBC PARTNERS I, LLC; 5148 SPANISH HEIGHTS, LLC; KENNETH ANTOS; AND SHEILA NEUMANN-ANTOS, Real Parties in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION This original petition for a writ of mandamus or prohibition ch.allenges a district court order appointing a receiver and the court's refusal to grant injunction relief.

An appeal is generally an adequate legal remedy precluding writ relief. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 88 P.3d 840, 841 (2004); see NRS 34.170; NRS 34.330. Since an order appointing a receiver is appealable under NRAP 3A(b)(4) and an order denying an injunction is appealable under NRAP 3A(b)(3), petitioners have an adequate legal remedy in the form of an appeal from the district court's orders. See NRA.P 4(a)(1) (stating that the notice of appeal must be filed SUPREME COURT OF NEvADA MI7/5 001&.• within 30 days from the date when written notice of entry of the order appealed from is served). Indeed, it appears that petitioners have appealed from the challenged orders, see Spanish Heights Acquisition Co., LLC v. CBC Partners I; LLC, Docket Nos. 82868 & 83407, and petitioners have not argued or demonstrated that our extraordinary intervention is nevertheless warranted to review these orders. Thus, we decline to consider this petition for extraordinary writ relief, NRAP 21(1); Smith u. Eighth Judicial Dist.

Court, 1.07 Nev. 674, 818 P.2d 849 (1994 and we ORDER the petition DENIED.1

A • C.J.

Haridesty

A104)(1‘..0 , J.

Stiglich

cc: Hon. Elizabeth Goff Gonzalez, District Judge lion. Joanna Kishner, District Judge Maier Gutierrez & Associates Mushkin & Coppedge .Eighth District Court Clerk

qn light of this order, petitioners emergency motion for stay, as well as real parties in interest's motion to extend the deadline to respond to the stay motion past the requested relief date, are denied as moot.

SUPREME COURT OF NEVADA top 194 ift .11.1g1D

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