Turnage v. Dist. Ct. (State of Nevada) ( 2013 )


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  •                 demonstrate that our extraordinary intervention is warranted. Pan v.
    Dist. Ct., 
    120 Nev. 222
    , 228, 
    88 P.3d 840
    , 844 (2004).
    Having considered the petition, answer, reply, and supporting
    documents, we conclude that, under these circumstances, the district court
    properly denied petitioner's motion to dismiss. See In re Parental Rights
    as to S.M.M.D., 128 Nev. , 
    272 P.3d 126
    , 133-34 (2012) (rejecting
    an argument that district court termination proceedings were invalid
    based on lack of proper notice under 
    25 U.S.C. § 1912
     when the parties
    and the tribe had actual notice of the proceedings). Moreover, real party
    in interest has since provided formal notice to the tribe in accordance with
    
    25 U.S.C. § 1912
    , and the termination of parental rights proceedings were
    stayed pending our resolution of this writ petition. Accordingly, our
    intervention by way of extraordinary relief is not warranted, and we deny
    the petition. See Smith, 107 Nev. at 677, 818 P.2d at 851.
    It is so ORDERED.'
    J.
    Hardesty
    Parraguirre
    1132.4t
    Cherry
    Lerry
    "In light of this order, we vacate the stay imposed by our June 1,
    2012, order.
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A
    cc:   Eighth Judicial District Court, Dept. C
    Special Public Defender
    Clark County District Attorney/Juvenile Division
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    (0) 1947A
    1
    

Document Info

Docket Number: 60976

Filed Date: 4/12/2013

Precedential Status: Non-Precedential

Modified Date: 10/30/2014