Grupo Famsa, S.A. De C v. v. Dist. Ct. (b.E. Uno, LLC)

IN THE SUPREME COURT OF THE STATE OF NEVADA
GRUPO FAMSA, S.A. DE C.V., A No. 69119
MEXICAN CORPORATION,
Petitioner,
vs.
THE EIGHTH JUDICIAL DISTRICT
FILED
COURT OF THE STATE OF NEVADA, APR 21 2016
IN AND FOR THE COUNTY OF
E K. LINDEMAN
CLARK; AND THE HONORABLE ROB m U
BARE, DISTRICT JUDGE,
Respondents,
and
RE. UNO, LLC, A NEVADA LIMITED
LIABILITY COMPANY,
Real Party in Interest.
ORDER GRANTING PETITION FOR WRIT OF MANDAMUS
This is an original petition for writ of mandamus challenging a
district court order requiring a supersedeas bond.
Grupo Famsa, S.A. de C.V. (Grupo) challenges the district
court's order fixing a supersedeas bond in the amount of $1,000,000 in
connection with a temporary stay pending resolution of its writ petition in
Docket No. 68626. As the issuance of a bond is not required by rule or
statute, but lies within the discretion of the trial court, we review the
district court's decision to fix a bond for an abuse of discretion. See NRAP
8(a)(2)(E); see also Bowler v. Leonard, 70 Nev. 370, 386, 269 P.2d 833, 840-
41 (1954).
We hold that the district court abused its discretion in fixing
the $1,000,000 supersedeas bond. The bond was premised on a judgment
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in an earlier action to which Grupo was not a party. Although it appears
Grupo may have contractually guaranteed satisfaction of that judgment,
Grupo's liability has not been adjudicated and, in this instance, the
supersedeas bond serves as a procedurally improper pre-judgment writ of
attachment. See NRS 31.010-31.235. Accordingly, we
ORDER the petition GRANTED AND DIRECT THE CLERK
OF THIS COURT TO ISSUE A WRIT OF MANDAMUS instructing the
district court to vacate its order fixing the supersedeas bond.
J.
Saitta
cc: Hon. Rob Bare, District Judge
Fennemore Craig Jones Vargas/Las Vegas
Levinson Arshonsky & Kurtz, LLP
Goold Patterson
Eighth Judicial District Court Clerk
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