Lennox Industries Inc. v. Dist. Ct. (Aspen Mfg., Inc.)

IN THE SUPREME COURT OF THE STATE OF NEVADA LENNOX INDUSTRIES INC., A No. 70651 DELAWARE CORPORATION, PRINCIPAL PLACE OF BUSINESS IN TEXAS, REGISTERED IN NEVADA, Petitioner, FILED vs. JUL 1 3 2016 THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE JOANNA KISHNER, DISTRICT JUDGE, Respondents, and ASPEN MANUFACTURING, INC.; AND RICHMOND AMERICAN HOMES OF NEVADA, INC., Real Parties in Interest. ORDER DENYING PETITION FOR WRIT OF MANDAMUS This original petition for a writ of mandamus challenges a district court order granting a motion for summary judgment on a cross- claim seeking indemnity. Having considered the petition and supporting documents, we are not persuaded that our extraordinary and discretionary intervention is warranted. 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). As this court indicated when it denied SUPREME COURT OF NEVADA (0) 1947A APP 4181 petitioner's writ petition in Docket No. 69659, petitioner has an adequate legal remedy in the form of an appeal. Pan, 120 Nev. at 224, 88 P.3d at 841. Accordingly, we ORDER the petition DENIED. Gibbons cc: Hon. Joanna Kishner, District Judge Selman Breitman, LLP Wood, Smith, Henning & Berman, LLP/Las Vegas Hansen Rasmussen, LLC Eighth District Court Clerk SUPREME COURT OF NEVADA 2 (0) 1947(1