DocketNumber: 85476
Filed Date: 10/14/2022
Status: Precedential
Modified Date: 10/18/2022
IN THE SUPREME COURT OF THE STATE OF NEVADA JAMES S., No. 85476 Petitioner, vs. THE HONORABLE MARGARET E. PICKARD, DISTRICT JUDGE; AND THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF 2022 OCT 1 CLARK, ELTZAB A. BROWN Respondents, CL • OF PREP& COURT and CLERK CLARK COUNTY DEPARTMENT OF FAMILY SERVICES; AND J.S., Real Parties in Interest. ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION This original, emergency petition for a writ of mandamus or prohibition challenges a district court order denying a motion in limine in a termination of parental rights case. Having considered the petition and supporting documentation, we are not convinced that our extraordinary and discretionary intervention is warranted. See Pan v. Eighth Judicial Dist. Court,120 Nev. 222
, 228,88 P.3d 840
, 844 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is warranted); Smith v. Eighth Judicial Dist. Court,107 Nev. 674
, 677,818 P.2d 849
, 851 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). In particular, the availability of an appeal is generally an adequate legal remedy precluding writ relief. Pan,120 Nev. at 224
,88 P.3d at 841
; see NRS 34.170; NRS 34.330. Petitioner may appeal from the district court's final order in the SUPREME COURT OF NEVADA If), 19,17,\ underlying matter, if aggrieved, and we are not persuaded that such an appeal would be an inadequate remedy here. Accordingly, we ORDER the petition DENIED. Hardesty J. J. Stiglich Herndon cc: Hon. Margaret E. Pickard, District Judge Rosenblum Allen Law Firm, Las Vegas Clark County District Attorney Clark County Public Defender/Juvenile Division Yolanda D. Miller Eighth District Court Clerk SUPREME COURT OF NEVADA 2 (fh 1947A qtfia.>