Quaintance v. Dist. Ct. (The Palmer Law Firm P.C.) ( 2022 )

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
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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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