Gollard, M.D. v. Dist. Ct. (Hidalgo) ( 2022 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
RUSSELL GOLLARD, M.D., No. 85164
Petitioner,
vs.
THE EIGHTH JUDICIAL DISTRICT F1L
COURT OF THE STATE OF NEVADA,
IN AND FOR THE COUNTY OF SEP 2 3 2022
CLARK; AND THE HONORABLE ERIC
JOHNSON, DISTRICT JUDGE,
Respondents,
and
STEPHANIE V. HIDALGO,
Real Party in Interest.
ORDER DENYING PETITION
This is an original petition for a writ of mandarnus challenging
a district court order denying a motion to dismiss in a medical malpractice
action.
This court has original jurisdiction to issue writs of mandarnus
and the decision to entertain a petition for a writ of mandamus is within
our sole discretion. See Nev. Const. art. 6, § 4; Srnith v. Eighth Judicial
Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). Petitioners bear
the burden to show that extraordinary relief is warranted, and such relief
is proper only when there is no plain, speedy, and adequate remedy at law.
See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 228, 88 P.3d 840,
841, 844 (2004). An appeal is generally an adequate rernedy precluding writ
relief. Id. at 224, 88 P.3d at 841. Even when an appeal is not immediately
available because the challenged order is interlocutory in nature, the fact
that the order may ultimately be challenged on appeal from a final
judgment generally precludes writ relief. Id. at 225, 88 P.3d at 841.
SUPREME COURT
OF
NEVADA
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Having considered the petition, we are not persuaded that our
extraordinary intervention is warranted. To begin, petitioner has not
demonstrated that an appeal from a final judgment would not be a plain,
speedy, and adequate remedy. Nor has petitioner demonstrated a
persuasive basis for deviating from the general rule that this court will not
entertain writ petitions challenging the denial of a motion to dismiss. See
Archon Corp. v. Eighth Judicial Dist. Court, 133 Nev. 816, 824-25, 407 P.3d
702, 709-10 (2017). Accordingly, we
ORDER the petition DENIED.
, C.J.
Parraguirre
-, \Cdat , J. J.
Hardesty Stiglich
cc: Hon. Eric Johnson, District Judge
Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas
Clark Newberry Law Firm
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
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