Marigomen v. Dist. Ct. (Ichiyasu) ( 2014 )


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  •                 warranted. Pan v. Eighth Judicial Dist. Court, 
    120 Nev. 222
    , 228, 
    88 P.3d 840
    , 844 (2004). Moreover, writ relief is available only when there is no
    plain, speedy, and adequate remedy in the ordinary course of law. NRS
    34.170; NRS 34.330; Int'l Game 
    Tech., 124 Nev. at 197
    , 179 P.3d at 558.
    Generally, an appeal is an adequate legal remedy precluding writ relief.
    
    Pan, 120 Nev. at 224
    , 88 P.3d at 841.
    Having considered the petition, we are not persuaded that our
    intervention is warranted at this time. The district court has scheduled
    hearings for January 9 and 14, 2015, to consider real party in interest's
    petitions alleging petitioner's breach of fiduciaries duties. NRS 164.015(6)
    allows an appeal from a district court order resolving a petition over the
    internal affairs of a nontestamentary trust. Petitioner has not
    demonstrated that this court's intervention by extraordinary relief on an
    emergency basis is warranted before the district court has fully considered
    the issues below. Accordingly, we deny the petition and the request for a
    stay. 1 See NRAP 21(b)(1); 
    Pan, 120 Nev. at 228
    , 88 P.3d at 844; 
    Smith, 107 Nev. at 677
    , 818 P.2d at 851.
    It is so ORDERED.
    J.
    Parraguirre                                 Saitta
    1 We note that a request for a stay in this court must be presented
    through a separate motion under NRAP 27.
    SUPREME COURT
    OF
    NEVADA
    2
    (0) I947A
    CC:   Hon. Gloria Sturman, District Judge
    Hon. Wesley F. Yamashita, Probate Commissioner
    Ghandi Deeter Law Offices
    Mary F Chapman
    Anthony L. Barney, Ltd.
    Sparber Annen Morris & Gabriel
    Eighth District Court Clerk
    SUPREME COURT
    OF                                        3
    NEVADA
    (0) 1947A
    

Document Info

Docket Number: 67103

Filed Date: 12/24/2014

Precedential Status: Non-Precedential

Modified Date: 4/18/2021