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