Woods v. Dist. Ct. (Jolley Urga & Wirth, Ltd.)

IN THE SUPREME COURT OF THE STATE OF NEVADA R. GLEN WOODS, AN INDIVIDUAL, No. 70217 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF FILED CLARK; AND THE HONORABLE MAY 1 1 2016 TIMOTHY C. WILLIAMS, DISTRICT TRACE K. UNDEMAN JUDGE, CLERK OF SC 'PREME COURT BY S Respondents, DEPUTY CLERK ( and JOLLEY URGA & WIRTH, LTD., Real Party in Interest. ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION This original petition for a writ of mandamus or prohibition challenges a district court order denying, on reconsideration, a motion to dismiss in a contract action. Having considered the petition and supporting documents, we are not persuaded that the district court arbitrarily and capriciously abused its discretion or exceeded its jurisdiction in denying the motion to dismiss, and an adequate remedy exists in the form of an appeal from any adverse final judgment. NRS 34.160; NRS 34.320; Int'l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008) (noting that this court typically declines to entertain writ petitions challenging interlocutory orders denying motions to dismiss); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (recognizing that petitioner bears the burden to demonstrate that writ relief is warranted); Smith v. SUPREME COURT OF NEVADA (0) 1947A cep no- rq to ‘ Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). Accordingly, we ORDER the petition DENIED. -IAA frfu; , J. , J. J. cc: Hon. Timothy C. Williams, District Judge Royal & Miles, LLP Jolley Urga Wirth Woodbury & Little Eighth District Court Clerk SUPREME COURT OF NEVADA 2 (0) 1947A Ctim