S. v. Dist. Ct. (Clark Cty., Dep'T Of Family Servs.)

Nevada Supreme Court

S. v. Dist. Ct. (Clark Cty., Dep'T Of Family Servs.)

Opinion

Supreme Court OF Nevapa

(0) UTA eRe

IN THE SUPREME COURT OF THE STATE OF NEVADA

JAMES &., No. 85476 Petitioner, vs.

THE HONORABLE MARGARET E. PICKARD, DISTRICT JUDGE; AND

THE EIGHTH JUDICIAL DISTRICT E | LL fe (3 COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF

OCT 14 2022 CLARK, Respondents, CLE ABEbRene: COURT and

CLERK

CLARK COUNTY DEPARTMENT OF FAMILY SERVICES; AND J.S., Real Parties in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION

This original, emergency petition for a writ of mandamus or prohibition challenges a district court order denying a motion in hmine in a termination of parental rights case.

Having considered the petition and supporting documentation, we are not convinced that our extraordinary and discretionary intervention is warranted. See 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, 818 P.2d 849, 851 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). In particular, the availability of an appeal is generally an adequate legal remedy precluding writ relief. Pan, 120 Nev. at 224, 88 P.3d at 841; see NRS 34.170; NRS

34.330. Petitioner may appeal from the district court’s final order in the

22-3246

underlying matter, if aggrieved, and we are not persuaded that such an appeal would be an inadequate remedy here. Accordingly, we

ORDER the petition DENIED.

p Ma. tock, J.

Hardesty

Stiglich ~~ Herndon

ec: Hon. Margaret E. Pickard, District Judge Rosenblum Allen Law Firm, Las Vegas Clark County District Attorney Clark County Public Defender/Juvenile Division Yolanda D. Miller Eighth District Court Clerk

SupREME COURT OF NEvaADA

(O} IOS A aeiRSSe>

Reference

Status
Published