Quaintance v. Dist. Ct. (The Palmer Law Firm P.C.)

IN THE SUPREME COURT OF THE STATE OF NEVADA

BONNIE NYBERG QUAINTANCE, AN No. 85761 INDIVIDUAL IN HER OWN BEHALF

AND AS THE SPECIAL

ADMINISTRATOR OF THE ESTATE

OF GARY ALDEN QUAINTANCE,

Petitioner, vs.

THE EIGHTH JUDICIAL DISTRICT

COURT OF THE STATE OF NEVADA, DEC 1 L 2022 IN AND FOR THE COUNTY OF ELEAB A. BROWN CLE F PREME COURI CLARK; AND THE HONORABLE

BY DAVID M. JONES, DISTRICT JUDGE, CLERK Respondents, and

THE PALMER LAW FIRM P.C., A

PROFESSIONAL CORPORATION; AND

RICHARD B. HERMAN, P.C., A

PROFESSIONAL CORPORATION,

Real Parties in Interest.

ORDER DENYING PETITION

FOR WRIT OF MANDAMUS OR PROHIBITION This emergency petition for a writ of mandamus or prohibition seeks a stay pending appeal, in light of the district court's failure to hear a stay motion filed below before the morning of an evidentiary hearing. 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 SUPREME COURT

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2 z - 3 gct.C1 relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). Writ relief is available only when there is no plain, adequate, and speedy legal remedy, Pan, 120 Nev. at 224, 88 P.3d at 841; NRS 34.170; NRS 34.330, and here, petitioner may move for a stay in her appeal, which was docketed in this court last week. Nelson v. Heer, 121 Nev. 832, 122 P.3d 1252 (2005), as modified (Jan. 25, 2006); NRAP 8. Thus, petitioner has an adequate legal remedy precluding writ relief. Moreover, we are not inclined to intervene before the district court has had an opportunity to consider petitioner's stay motion. See NRAP 8(a); TRP Fund VI, LLC v. PHH Mortg. Corp., 138 Nev. Advi Op. 21, 506 P.3d 1056 (2022). Accordingly, we

ORDER the petition DENIED.

ACa.

Hardesty

Al4C;•,—.0 Stiglich

J.

Herndon cc: Hon. David M. Jones, District Judge

Hatfield & Associates, Ltd.

Law Office of Mary F. Chapman, Ltd.

Eighth District Court Clerk

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