Opinion
No. 80357
02-05-2020
FLAMINGO LAS VEGAS OPERATING COMPANY LLC, d/b/a Flamingo Las Vegas, Improperly Named as Caesars Entertainment Corp., Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; and the Honorable Richard Scotti, District Judge, Respondents, and Michael J. Petis, an Individual, Real Party in Interest.
Brandon Smerber Law Firm Bernstein & Poisson
Brandon Smerber Law Firm
Bernstein & Poisson
ORDER DENYING PETITION FOR A WRIT OF MANDAMUS
This is an original petition for a writ of mandamus challenging a district court order denying a motion to dismiss in a personal injury matter.
As a general rule, "judicial economy and sound judicial administration militate against the utilization of mandamus petitions to review orders denying motions to dismiss and motions for summary judgment." State ex rel. Dept of Transp. v. Thompson, 99 Nev. 358, 362, 662 P.2d 1338, 1340 (1983), as modified by State v. Eighth Judicial Dist. Court, 118 Nev. 140, 147, 42 P.3d 233, 238 (2002) ; Buckwalter v. Dist. Court, 126 Nev. 200, 201, 234 P.3d 920, 921 (2010) (noting that "[n]ormally this court will not entertain a writ petition challenging the denial of a motion to dismiss"). Although the rule is not absolute, see Int’l Game Tech., Inc. v. Second Judicial Dist. Court, 122 Nev. 132, 142-43, 127 P.3d 1088, 1096 (2006), petitioner has not established that an eventual appeal does not afford an adequate legal remedy. NRS 34.170. Interlocutory review by extraordinary writ is not warranted in this case. For these reasons, we
ORDER the petition DENIED.