incorporate-us.com, LLC v. Dist. Ct. (Hernandez) ( 2015 )


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  •                       our extraordinary intervention is warranted as they have an adequate
    legal remedy in the form of an appeal from the final judgment in the
    garnishee proceeding.' NRS 34.160; NRS 34.330; NRS 31.460; Pan v.
    Eighth Judicial Dist. Court, 
    120 Nev. 222
    , 224-25, 228, 
    88 P.3d 840
    , 841,
    844 (2004) (holding that an appeal is generally an adequate legal remedy
    precluding writ relief and that writ relief is not available to correct an
    untimely appeal); Frank Settelmeyer & Sons, Inc. v. Smith & Harmer,
    Ltd., 
    124 Nev. 1206
    , 1214, 
    197 P.3d 1051
    , 1057 (2008) (explaining that "a
    judgment in favor of or against the garnishee defendant constitutes the
    final judgment in the garnishee proceeding, which may be appealed by an
    aggrieved party under. NRAP 3A(a) and (b)(1)"); NRAP 21(b)(1).
    Accordingly, we
    ORDER the petition DENIED.
    J.
    J.
    Gibbons
    cc: Hon. Connie J. Steinheimer, District Judge
    Clifton J. Young
    Fahrendorf, Viloria, Oliphant & Oster, LLP
    Doyle Law Office, PLLC
    Washoe District Court Clerk
    'While petitioners titled their petition a "petition for writ of
    mandamus or prohibition & protective notice of appeal," notices of appeal
    must be filed in the district court. NRAP 3(a)(1).
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A    ce/Plm
    

Document Info

Docket Number: 67114

Filed Date: 4/17/2015

Precedential Status: Non-Precedential

Modified Date: 4/18/2021