Lands, Inc. v. Dist. Ct. (L. A Minor)

IN THE SUPREME COURT OF THE STATE OF NEVADA

LANDS, INC., D/B/A SPRINGSTONE No. 84749 LAKES MONTESSORI SCHOOL; AND

SPRINGLANDS LLC,

Petitioners, vs.

THE EIGHTH JUDICIAL DISTRICT

COURT OF THE STATE OF NEVADA, FILED IN AND FOR THE COUNTY OF

CLARK; AND THE HONORABLE TARA JUN 1 7 2o2 D. CLARK NEWBERRY, DISTRICT EL1ZABEfH A. BROWN CLEILIREME COURT JUDGE,

BY Respondents, DEPUTY CLERK and

J. L., A MINOR, BY AND THROUGH

HER FATHER, J.L.,

Real Party in Interest.

ORDER DENYING PETITION This original petition for a writ of mandamus challenges district court orders granting partial summary judgment and granting a motion in limine to exclude evidence in a tort action.

Having considered the petition and its supporting documents, we are not persuaded that our discretionary and extraordinary intervention is warranted. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). In particular, the appendix petitioners provided to support their petition is incomplete and we are not otherwise convinced that petitioners lack an adequate legal remedy in the form of an appeal from any adverse final judgment. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is warranted and that the right to appeal is an adequate legal remedy that SUPREME COURT

OF

NEVADA

1947A 411111)., (0)

P.2- 19 AO7 may preclude writ relief); see also Walker v. Second Judicial Dist. Court, Nev. 678, 682-83, 476 P.M. 1194, 1197-98 (2020) (stating conditions requisite to mandamus relief, including that petitioners have a legal right to the act the petition seeks to compel, respondent has a plain duty to perform such act, and the absence of an alternate legal remedy). We therefore

ORDER the petition DENIED)

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Pc raguirre

Piek9A tii j , J.

Pickering cc: Hon. Tara D. Clark Newberry, District Judge

Alverson Taylor & Sanders

The Schnitzer Law Firm

Eighth District Court Clerk

1The Honorable Mark Gibbons, Senior Justice, participated in the decision of this matter under a general order of assignment.

SUPREME COURT

OF

NEVADA (01 I947A 0060D