Valley Health Sys., Llc v. Dist. Ct. (Hinton) ( 2022 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
VALLEY HEALTH SYSTEMS, LLC, No. 84962
D/B/A SPRING VALLEY HOSPITAL,
Petitioner,
vs.
THE EIGHTH JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA,
IN AND FOR THE COUNTY OF FILE
CLARK; AND THE HONORABLE
VERONICA BARISICH, DISTRICT JUL 29 2022
ELIZABETH A. BROWN
JUDGE, CLERK4F ,UPREME COURT
\
Respondents, BY
DEPLITYRK
and
KURTISS HINTON; MICHAEL
SCHNEIER, M.D., AN INDIVIDUAL;
AND MICHAEL SCHNEIER
NEUROSURGICAL CONSULTING,
P.C., A NEVADA CORPORATION,
Real Parties in Interest.
ORDER DENYING PETITION
This original petition for a writ of mandamus challenges a
district court order denying a motion to dismiss and a motion for
reconsideration in a professional negligence matter.
This court has original jurisdiction to issue writs of mandamus,
and the issuance of such extraordinary relief is solely within this court's
discretion. See Nev. Const. art. 6, § 4; D.R. Horton, Inc. v. Eighth Judicial
Dist. Court, 123 Nev. 468, 474-75, 168 P.3d 731, 736-37 (2007). 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 remedy
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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.
Having considered the petition, we are not persuaded that our
extraordinary intervention is warranted because petitioner has not
demonstrated that an appeal following a final judgment would not be a
plain, speedy, and adequate remedy. Cf. Int'l Garne Tech., Inc. v. Second
Judicial Dist. Court, 124 Nev. 193, 197-98, 179 P.3d 556, 558-59 (2008)
(recognizing the court's general policy to "decline to consider writ petitions
challenging district court orders denying motions to dismiss" except in
limited circumstances). Accordingly, we
ORDER the petition DENIED.
Parraguirre
/444, , J.
Hardesty Stiglich
cc: Hon. Veronica Barisich, District Judge
Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas
Injury Lawyers of Nevada
McBride Hall
Eighth District Court Clerk
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