IN THE SUPREME COURT OF THE STATE OF NEVADA
TANYA WALLACE, No. 70359
Petitioner,
vs.
THE EIGHTH JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA,
FILED
IN AND FOR THE COUNTY OF JUN 1 0 2016
CLARK; AND THE HONORABLE
LINDA MARIE BELL, DISTRICT
JUDGE,
Respondents,
and
THE ESTATE OF DAVID L. WALLACE;
AND SHAFFER C. SMITH,
Real Parties in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This original petition for a writ of mandamus challenges
district court oral decisions granting a joint motion for a good-faith
settlement determination, determining that petitioner lacked standing to
amend real party in interest The Estate of David L. Wallace's complaint,
and vacating a May 9, 2016, trial date in a contract action.
Having reviewed the petition, we are not persuaded that our
extraordinary and discretionary intervention is warranted. NRS 34.160;
Int'l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197,
179 P.3d 556, 558 (2008); Pan v. Eighth Judicial Dist. Court, 120 Nev.
222, 228, 88 P.3d 840, 844 (2004); Smith v. Eighth Judicial Dist. Court,
107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). In particular,
petitioner has not met her burden to demonstrate that an appeal from an
adverse final judgment would not be an adequate legal remedy. Pan, 120
Nev. at 224, 88 P.3d at 841; see Rust v. Clark Cty. Sch. Dist., 103 Nev. 686,
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688-89, 747 P.2d 1380, 1382 (1987) (noting that an oral pronouncement
from the bench is not valid for any purpose and the district court remains
free to reconsider its ruling before issuing a written order). Accordingly,
we
ORDER the petition DENIED.
Hardesty
Pickering
cc: Hon. Linda Marie Bell, District Judge
David Lee Phillips & Associates
Snell & Wilmer, LLP/Las Vegas
Hutchison & Steffen, LLC
Eighth District Court Clerk
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