Mm Dev. Co., Inc. v. Dist. Ct. (Tryke Cos. So Nv, Llc) ( 2022 )


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  •                        IN THE SUPREME COURT OF THE STATE OF NEVADA
    MM DEVELOPMENT COMPANY, INC.,                            No. 83920
    A NEVADA CORPORATION,
    Petitioner,
    vs.
    THE EIGHTH JUDICIAL DISTRICT
    COURT OF THE STATE OF NEVADA,                              FILE
    IN AND FOR THE COUNTY OF CLARK;
    AND THE HONORABLE JESSICA K.
    PETERSON, DISTRICT JUDGE,
    Respondents,
    and
    TRYKE COMPANIES SO NV, LLC, A
    NEVADA LIMITED LIABILITY
    COMPANY,
    Real Party in Interest.
    ORDER DENYING PETITION
    This original petition for a writ of mandamus challenges a
    district court order denying a motion for judgment on the pleadings. Having
    considered the petition and its supporting documentation, we are not
    persuaded 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, 679, 
    818 P.2d 849
    , 851, 853 (1991) (recognizing
    that writ relief is an extraordinary remedy and that this court has sole
    discretion in determining whether to entertain a writ petition). Specifically,
    we generally decline to exercise our discretion to grant writ petitions
    challenging orders denying motions for judgment on the pleadings, and we
    are not convinced any of the exceptions apply in this case. See Chur v.
    SUPREME COURT
    OF
    NEVADA
    -0(42_18
    Eighth Judicial Dist. Court, 
    136 Nev. 68
    , 70, 
    458 P.3d 336
    , 339 (2020)
    (discussing the exceptions to the general rule). We therefore
    ORDER the petition DENIED.
    , J.
    Hardesty
    4,444.1,12          ,                                     , J.
    Stiglich                                  Herndon
    cc:   Hon. Jessica K. Peterson, District Judge
    Kemp Jones, LLP
    H1 Law Group
    Conant Law Firm
    Eighth District Court Clerk
    2
    

Document Info

Docket Number: 83920

Filed Date: 2/8/2022

Precedential Status: Precedential

Modified Date: 2/9/2022