Ahmead v. Dist. Ct. (Corpolo Avenue Trust) ( 2015 )


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  • cc: Hon. Douglas Smith, District Judge
    Persi J. Mishel, Settlement Judge
    Law Offices of Michael F. Bohn, Ltd.
    Anthony A. Zmaila Limited PLLC
    Robert P. Bettinger
    Eighth District Court Clerk
    granting a preliminary injunction without requiring respondent to post a
    bond. See Dangberg Holdings Nev. L.L.C. v. Douglas Cnty.,        
    115 Nev. 129
    ,
    144-45, 
    978 P.2d 311
    , 320-21 (1999) ("We have previously held that the
    district court's failure to require the applicant to post security voids an
    order imposing a preliminary injunction."); Strickland v. Griz Corp., 
    92 Nev. 322
    , 323, 
    549 P.2d 1406
    , 1407 (1976) ("Where a bond is required by
    statute before the issuance of an injunction, it must be exacted or the
    order will be absolutely void.' (quoting Shelton v. Second Judicial Dist.
    Court, 
    64 Nev. 487
    , 494, 
    185 P.2d 320
    , 323-24 (1947))). Accordingly, we
    reverse the district court's order granting preliminary injunctive relief.
    In light of our disposition in Docket No. 63264, we are not
    persuaded that our intervention is warranted with respect to the writ
    petition filed in Docket No. 67264. See Pan v. Eighth Judicial Dist. Court,
    
    120 Nev. 222
    , 228, 
    88 P.3d 840
    , 844 (2004) (recognizing that it is the
    petitioner's burden to demonstrate that this court's extraordinary
    intervention is warranted). Accordingly, we deny the writ petition in
    Docket No. 67264. 1
    It is so ORDERED.
    Parraguirre
    ,J
    Douglas                                    Cherry
    'In light of our resolution of the writ petition, petitioner's January
    23, 2015, emergency stay motion is denied.
    2