Martin v. Dist. Ct. (Martin) ( 2015 )


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  •                   Petitioner bears the burden of demonstrating that extraordinary relief is
    warranted. Pan v. Eighth Judicial Dist. Court, 
    120 Nev. 222
    , 228, 
    88 P.3d 840
    , 844 (2004). Writ relief is typically not available when the petitioner
    has a plain, speedy, and adequate remedy at law.      See NRS 34.170; NRS
    34.330; Intl Game 
    Tech., 124 Nev. at 197
    , 179 P.3d at 558.
    Having considered the petition and the appendix, we conclude
    that petitioner has an adequate legal remedy in the form of an appeal
    from any adverse judgment.      See 
    Pan, 120 Nev. at 224
    , 88 P.3d at 841
    (explaining that an appeal is generally an adequate legal remedy
    precluding writ relief); see also NRAP 3A(b)(8) (allowing an appeal from a
    special order entered after a final judgment); Holiday Inn Downtown v.
    Barnett, 
    103 Nev. 60
    , 63, 
    732 P.2d 1376
    , 1379 (1987) (allowing an appeal
    from an order denying an NRCP 60(b) motion); Burton v. Burton, 
    99 Nev. 698
    , 700-01, 
    669 P.2d 703
    , 705 (1983) (providing that an order denying a
    motion to amend a divorce decree is appealable if the motion is based on
    changed factual or legal circumstances). Accordingly, as petitioner has a
    speedy and adequate remedy available in the form of an appeal, we deny
    the petition. See NRAP 21(b)(1); 
    Pan, 120 Nev. at 224
    -25, 88 P.3d at 841;
    
    Smith, 107 Nev. at 677
    , 818 P.2d at 851-52.
    It is so ORDERED.
    D  aslic
    Parraguirre
    , J.
    a    r
    ThLAL-el
    Douglas
    J.
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A    e•
    cc:   Hon. Jennifer Elliott, District Judge, Family Court Division
    Hardeep Su11
    Kainen Law Group
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    (0) I947A •40(79
    

Document Info

Docket Number: 67036

Filed Date: 1/15/2015

Precedential Status: Non-Precedential

Modified Date: 1/16/2015