Hurd v. Dist. Ct. (Opipari)

IN THE SUPREME COURT OF THE STATE OF NEVADA
KYMBERLIE JOY HURD, No. 85215
INDIVIDUALLY AND ON BEHALF OF
HER MINOR CHILD, A.H.O.,
g .
Petitioners,
vs. SEP 9 2022
THE EIGHTH JUDICIAL DISTRICT
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7t.,1:EAvt:i5 ::"AfN
COURT OF THE STATE OF NEVADA,
IN AND FOR THE COUNTY OF E.
CLARK; AND THE HONORABLE BILL
HENDERSON, DISTRICT JUDGE,
Respondents,
and
MARIO OPIPARI,
Real Party in Interest.
ORDER DENYING PETITION FOR A WRIT OF PROHIBITION
OR MANDAMUS
This original pro se petition for a writ of mandamus and/or
prohibition challenges several temporary district court custodial orders.'
This court has original jurisdiction to issue writs of mandamus
and prohibition, 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). Petitioner bears 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 legal remedy precluding writ relief. Id. at 224, 88 P.3d at 841.
SUPREME COURT 1 We grant petitioner's request to exceed page length.
OF
NEVADA
1 , 11 19.17A •
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. Accordingly,
we
ORDER the petition DENIED.2
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Hardesty
Stiglich
cc: Hon. Bill Henderson, District Judge, Family Court Division
Kymberlie Joy Hurd
Crome Law Firm
Ford & Friedman, LLC
Eighth District Court Clerk
SUPREME COURT 21n light of this order, petitioner's motion for stay is denied as moot.
OF
NEVADA
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2