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Iglesias v. Dist. Ct. (N5Hyg, Llc)
83157
| Nev. | Feb 18, 2022
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Background

  • Petitioners Manuel Iglesias and Edward Moffly sought a writ (prohibition or mandamus) challenging the Eighth Judicial District Court’s order denying their motion for partial judgment on the pleadings.
  • The challenged district-court order was entered in Clark County before Judge Nancy L. Allf.
  • The Nevada Supreme Court considered the petition for extraordinary writ relief but denied it.
  • The Court emphasized that exercise of writ jurisdiction is discretionary and that petitioners bear the burden to show writ relief is warranted.
  • The Court found petitioners failed to show an appeal from a final judgment would be an inadequate legal remedy and therefore declined to intervene.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the Supreme Court should grant a writ to review the denial of partial judgment on the pleadings Writ relief is necessary because immediate review is required and appeal would be inadequate Appeal from a final judgment is an adequate remedy; writ is discretionary and not warranted Denied — writ relief not warranted; appeal is adequate remedy
Whether petitioners met the burden to show extraordinary circumstances justifying writ relief Extraordinary circumstances exist that justify bypassing ordinary appellate process No extraordinary circumstances shown; petitioners failed their burden Denied — petitioners did not meet burden showing extraordinary intervention was required

Key Cases Cited

  • Direct Grading & Paving, LLC v. Eighth Judicial Dist. Court, 491 P.3d 13 (Nev. 2021) (writ relief is discretionary)
  • Archon Corp. v. Eighth Judicial Dist. Court, 407 P.3d 702 (Nev. 2017) (petitioners bear burden to show writ relief warranted)
  • Pan v. Eighth Judicial Dist. Court, 88 P.3d 840 (Nev. 2004) (the right to appeal is generally an adequate legal remedy precluding writ relief)
  • Walker v. Second Judicial Dist. Court, 476 P.3d 1194 (Nev. 2020) (ordinary appellate process is typically adequate even if slower than mandamus)
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Case Details

Case Name: Iglesias v. Dist. Ct. (N5Hyg, Llc)
Court Name: Nevada Supreme Court
Date Published: Feb 18, 2022
Docket Number: 83157
Court Abbreviation: Nev.