IN THE SUPREME COURT OF THE STATE OF NEVADA
DENTS ASTARITA, M.D., No. 67186
Petitioner,
vs.
THE SECOND JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA,
IN AND FOR THE COUNTY OF FILED
WASHOE; AND THE HONORABLE
DAVID A. HARDY, DISTRICT JUDGE, MAR 2 5 2016
Respondents, TRACE K. LINDEMAN
CLERK OF 41.1PREME COURT
and ay S'D
PU
REBECCA KOSAK; AND MARK
KOSAK,
Real Parties in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR
PROHIBITION
This is an original petition for a writ of mandamus or
prohibition challenging a district court order denying a motion to dismiss
in a medical malpractice action. 1
Petitioner argues that the district court erred in denying the
motion to dismiss and allowing amendment instead when the court found
that the complaint and affidavit were deficient.
Writ relief is generally not available when a petitioner has an
adequate remedy at law, such as an appeal from a final judgment. See
NRS 34.170; NRS 34.330; Pan v. Eighth Judicial Dist. Court, 120 Nev.
222, 224-25, 88 P.3d 840, 841 (2004). Having considered the documents
1 TheHonorable James W. Hardesty, Justice, voluntarily recused
himself from participation in the decision of this matter.
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OF
NEVADA
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and arguments presented in this matter, we conclude that our
extraordinary intervention is not warranted. See Pan, 120 Nev. at 228, 88
P.3d at 844 (providing that petitioner bears the burden of showing writ
relief is appropriate). Accordingly, we
ORDER the petition DENIED.
2 000....2r C.J.
Parraguirre
, J.
Pickering
SUPREME COURT
OF
NEVADA
2
(0) 01,17A
cc: Hon. David A. Hardy, District Judge
Lemons, Grundy & Eisenberg
Stephen H. Osborne
Washoe District Court Clerk
SUPREME COURT
OF
NEVADA
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