Opinion
No. 59908.
01-17-2012
ESPLANADE NEVADA LLC, a Delaware Limited Liability Company; Jonathan L. Neeley, Individually and as Trustee of the Jonathan L. Neeley Trust Dated April 2, 1996; and Brio Investment Group, Inc., Petitioners, v. The EIGHTH JUDICIAL DISTRICT COURT OF the STATE of Nevada, In and for the COUNTY OF CLARK; and the Honorable Susan Scann, District Judge, Respondents, and Fifth and Centennial Associates, LLC, a Nevada Limited Liability Company; Picerne Development Corporation, an Arizona Corporation; and Centennial Development Associates, LLC, Real Parties in Interest.
Kemp, Jones & Coulthard, LLP Jones Vargas/Las Vegas
Kemp, Jones & Coulthard, LLP
Jones Vargas/Las Vegas
ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION
This original petition for a writ of mandamus or prohibition challenges district court orders granting in part and denying in part a motion for summary judgment brought by real parties in interest Fifth and Centennial Associates, LLC and Picerne Development Corporation and denying petitioner Esplanade Nevada LLC's motion for summary judgment in a real property action.
Writ relief is generally available when there is no plain, speedy, and adequate remedy in the ordinary course of law. NRS 34.170 ; NRS 34.330. This court has held that the right to appeal is generally an adequate legal remedy precluding writ relief. Pan v. Dist. Ct., 120 Nev. 222, 224, 88 P.3d 840, 841 (2004) ; see also Smith v. District Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (explaining that whether a petition for extraordinary relief will be issued is purely discretionary with this court). Generally, writ relief will not lie as to a district court order denying summary judgment unless the law clearly required the district court to grant summary judgment or there is an important legal problem that demands immediate resolution. D.R. Horton v. Dist. Ct., 125 Nev. 449, 453, 215 P.3d 697, 700 (2009).
Having considered the petition, we conclude that our intervention by way of extraordinary relief is not warranted. Id. at 453, 215 P.3d at 700; NRAP 21(b)(1). Accordingly, we
ORDER the petition DENIED.