S. Hills Medical Ctr., Llc v. Dist. Ct. Garcia

IN THE SUPREME COURT OF THE STATE OF NEVADA
SOUTHERN HILLS MEDICAL No. 84636
CENTER, LLC, D/B/A SOUTHERN
HILLS HOSPITAL AND MEDICAL
CENTER,
Petitioner,
vs.
, FILE
THE EIGHTH JUDICIAL DISTRICT , JUN 2 4 2022
COURT OF THE STATE OF NEVADA,
IN AND FOR THE COUNTY OF
CLARK; AND THE HONORABLE
ERIKA D. BALLOU, DISTRICT JUDGE,
Respondents,
and
EMMANUEL GARCIA,
Real Party in Interest.
ORDER DENYING PETITION
This original petition for a writ of mandamus or prohibition
challenges a district court order denying a motion to dismiss in a medical
malpractice action. Having considered the petition and its documentation,
we are not persuaded that our extraordinary and discretionary intervention
is warranted. See Walker v. Second Judicial Dist. Court, 136 Nev. 678, 683,
476 P.3d 1194, 1198 (2020) (declining to grant writ relief when a later
appeal was available); 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, 679, 818 P.2d 849, 851, 853 (1991)
(recognizing that writ relief is an extraordinary remedy and that this court
has sole discretion in determining whether to entertain a writ petition).
Generally, we will not consider writ petitions challenging orders denying
motions to dismiss, and we are not persuaded that any exception to the
SUPREME COURT
OF
NEVADA
(0) I947A allgbs.
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general rule applies here. Int? Garne Tech., Inc. v. Second Judicial Dist.
Court, 124 Nev. 193, 197-98, 179 P.3d 556, 558-59 (2008) (discussing writ
petitions challenging denials of motions to dismiss). We therefore
ORDER the petition DENIED.'
, C.J.
Parraguirre
Aact uy ,J Sr.J.
Pickering
cc: Hon. Erika D. Ballou, District Judge
Hall Prangle & Schoonveld, LLC/Las Vegas
Burris & Thomas
Eighth District Court Clerk
'The Honorable Mark Gibbons, Senior Justice, participated in the
decision of this matter under a general order of assignment.
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