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FALCON CLIFF LLC v. SHULMAN LUXURY HOMES LLC BARRY SHULMAN ALLYN SHULMAN AND BAS LIVING TRUST (2023)

Supreme Court of Nevada.2023-12-22No. No. 87641

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Opinion

ORDER DENYING PETITION

This is an original petition for a writ of mandamus seeking to compel the district court to vacate its order discharging writs of attachment and dismissing complaint. Problematically, it appears that the district courts order is a final judgment. Petitioner argues that because the district court did not expressly determine that there was no just reason for delay, that the judgment was not final pursuant to NRCP 54(b). However, NRCP 54(b) is not implicated here, as the district courts order dismissed the complaint in full, thereby adjudicating all claims against all parties. Thus, petitioner has a plain, speedy, and adequate remedy at law, namely an appeal from this final judgment. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004). Accordingly, writ relief is improper, and we

ORDER the petition DENIED.

Stiglich, C.J.

Cadish, J.

Herndon, J.