Johnson v. The Eighth Judicial District Court of State, 111519 NVCA, 79659-COA

Docket Nº:79659-COA
Opinion Judge:GIBBONS, C.J.
Party Name:MICHAEL JOHNSON, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE DENISE L. GENTILE, DISTRICT JUDGE, Respondents, and APRIL CAPELTON, Real Party in Interest.
Judge Panel:Tao, Bulla, J. Hon. Denise L. Gentile, District Judge
Case Date:November 15, 2019
Court:Court of Appeals of Nevada
 
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MICHAEL JOHNSON, Petitioner,

v.

THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE DENISE L. GENTILE, DISTRICT JUDGE, Respondents,

and

APRIL CAPELTON, Real Party in Interest.

No. 79659-COA

Court of Appeals of Nevada

November 15, 2019

UNPUBLISHED OPINION

ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION

GIBBONS, C.J.

This original petition for mandamus or prohibition relief seeks to enjoin further proceedings regarding the distribution of property in the underlying family law matter.

A writ of mandamus is available to compel the performance of an act that the law requires as a duty resulting from an office, trust, or station or to control an arbitrary or capricious exercise of discretion. See NRS 34.160; Intl Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). A writ of prohibition may be warranted when a district court acts without or in excess of its jurisdiction. NRS 34.320; Club Vista Fin. Servs., LLC v. Eighth Judicial Dist. Court, 128 Nev. 224, 228, 276 P.3d 246, 249 (2012). This court has discretion as to whether to entertain a petition for extraordinary relief and will not do so when the petitioner has a plain, speedy, and adequate remedy at law. NRS 34.170; NRS 34.330; D.R. Norton, Inc. v. Eighth Judicial Dist. Court, 123 Nev. 468, 474-75, 168 P.3d 731, 736-37...

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