Woods v. Dist. Ct. (Jolley Urga & Wirth, Ltd.) ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
R. GLEN WOODS, AN INDIVIDUAL, No. 70217
Petitioner,
vs.
THE EIGHTH JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA,
IN AND FOR THE COUNTY OF
FILED
CLARK; AND THE HONORABLE MAY 1 1 2016
TIMOTHY C. WILLIAMS, DISTRICT
TRACE K. UNDEMAN
JUDGE, CLERK OF SC 'PREME COURT
BY S
Respondents, DEPUTY CLERK (
and
JOLLEY URGA & WIRTH, LTD.,
Real Party in Interest.
ORDER DENYING PETITION FOR WRIT
OF MANDAMUS OR PROHIBITION
This original petition for a writ of mandamus or prohibition
challenges a district court order denying, on reconsideration, a motion to
dismiss in a contract action. Having considered the petition and
supporting documents, we are not persuaded that the district court
arbitrarily and capriciously abused its discretion or exceeded its
jurisdiction in denying the motion to dismiss, and an adequate remedy
exists in the form of an appeal from any adverse final judgment. NRS
34.160; NRS 34.320; Int'l Game Tech., Inc. v. Second Judicial Dist. Court,
124 Nev. 193, 197, 179 P.3d 556, 558 (2008) (noting that this court
typically declines to entertain writ petitions challenging interlocutory
orders denying motions to dismiss); Pan v. Eighth Judicial Dist. Court,
120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (recognizing that petitioner
bears the burden to demonstrate that writ relief is warranted); Smith v.
SUPREME COURT
OF
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Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991).
Accordingly, we
ORDER the petition DENIED.
-IAA frfu; , J.
, J.
J.
cc: Hon. Timothy C. Williams, District Judge
Royal & Miles, LLP
Jolley Urga Wirth Woodbury & Little
Eighth District Court Clerk
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OF
NEVADA
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