The Heights Of Summerlin, Llc v. Dist. Ct. (Draves) ( 2022 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
THE HEIGHTS OF SUMMERLIN, LLC, No. 84260
D/B/A THE HEIGHTS OF
SUMMERLIN, A FOREIGN LIMITED
LIABILITY COMPANY,
Petitioner,
vs.
FILED
THE EIGHTH JUDICIAL DISTRICT APR 2 9 2022
COURT OF THE STATE OF NEVADA,
ELtZADEH BOWN
IN AND FOR THE COUNTY OF
CLARK; AND THE HONORABLE
VERONICA BARISICH, DISTRICT
DY 7-
774PLTI'vv- CLERK
JUDGE,
Respondents,
and
SUSAN DRAVES, INDIVIDUALLY AND
AS SPECIAL CO-ADMINISTRATOR;
AND ROBERT STRONG,
INDIVIDUALLY AND AS SPECIAL CO-
ADMINISTRATOR OF THE ESTATE
OF WILLIAM BASS,
Real Parties in Interest.
ORDER DENYING PETITION
This original petition for a writ of mandamus challenges a
district court order denying a motion to dismiss. Having considered the
petition and its documentation, we are not persuaded that our
extraordinary and discretionary intervention is warranted. See Walker v.
Second Judicial Dist. Court, 136 Nev. 678, 683, 476 P.3d 1194, 1198 (2020)
(declining to grant writ relief when a later appeal was available); 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
ia- i3&90
an extraordinary remedy and that this court has sole discretion in
determining whether to entertain a writ petition). Generally, we will not
consider writ petitions challenging orders denying motions to dismiss, and
we are not persuaded that any exception. to the general rule applies here.
Int? Game Tech,., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197-98,
179 P.3d 556, 558-59 (2008) (discussing writ petitions challenging denials
of motions to dismiss). We therefore
ORDER the petition DENIED.1
4k.c:716: 33
• •
Parraguirre
•
, J. Sr.J.
Catfish
cc: Hon. Veronica Barisich, District Judge
Messner Reeves LLP
Burris & Thomas
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 2
(0) 1947A Ariatitip