Capanna, M.D. v. Dist. Ct. (Moore) C/W 66602 ( 2015 )

 OF THE ESTATE OF DAVID
ANTHONY KIMBALL; AND JENNIFER
EILEEN KIMBALL,
Real Parties in Interest.
ORDER RESOLVING WRIT PETITIONS
In Docket No. 66289, petitioners seek a writ of mandamus,
challenging a district court order determining that NRS 41A.035 and NRS
42.021 are unconstitutional. In Docket No. 66602, petitioners seek a writ
of mandamus, challenging a district court order denying a motion to
dismiss based on statutes that were repealed when NRS 41A.035 and
42.021 were enacted. We previously consolidated these petitions and
stayed all further proceedings in the underlying district court case. The
real parties have filed answers to the petitions and petitioners have filed a
reply and supplemental reply.
Our recent decision in Tam v. Eighth Judicial District Court,
131 Nev., Adv. Op. 80, P.3d (2015), resolves the issues presented in
Docket No. 66289 regarding NRS 41A.035. In particular, we held in Tam
that NRS 41A.035 is constitutional, applies to medical malpractice
actions, and applies per incident regardless of how many plaintiffs,
defendants, or claims are involved. Based on Tam, we grant the petition
in Docket No. 66289 in part. However, we conclude that an appeal
presents an adequate remedy at law to address the district court's decision
regarding NRS 42.021. We therefore deny the petition in Docket No.
66289 to that extent. See NRS 34.170; Pan v. Eighth Judicial Dist. Court,
120 Nev. 222, 224, 88 P.3d 840, 841 (2004). Given our resolution of the
petition in Docket No. 66289, we conclude that the issues addressed in the
petition in Docket No. 66602 are moot. We therefore deny that petition.
SUPREME COURT
OF
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For the reasons set forth above, we direct the clerk of this
court to issue a writ of mandamus instructing the district court to vacate
its order as to NRS 41A.035. The petitions are denied in all other
respects. We further lift the stay previously imposed by this court.
It is so ORDERED.
Saitta
Gibbons
J.
Pickering
cc: Hon. Jerry A. Wiese, District Judge
Lauria Tokunaga Gates & Linn, LLP/Las Vegas
James R. Christensen
Law Office of William R. Brenske
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
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