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MATT KLABACKA AS DISTRIBUTION TRUSTEE OF THE ERIC NELSON NEVADA TRUST DATED MAY 30 2001 v. LYNITA SUE NELSON INDIVIDUALLY AND IN HER CAPACITY AS INVESTMENT TRUSTEE OF THE LYNITA NELSON NEVADA TRUST DATED MAY 30 2001 AND ERIC NELSON (2024)

Supreme Court of Nevada.2024-01-05No. No. 87816

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Opinion

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

This emergency, original petition for a writ of mandamus seeks to compel the district court to immediately consider post-judgment enforcement motions to allow examination of judgment debtor and to convey properties, or to require the posting of a supersedeas bond.

Whether to issue extraordinary writ relief is solely within this courts discretion, Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991), and it is petitioners burden to demonstrate that such relief is warranted, Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Having reviewed the petition and appendix, we decline to intervene. A hearing on the motions is scheduled for later this month, and petitioner has not demonstrated that our extraordinary intervention is warranted under the circumstances to correct clear legal error or a manifest abuse of discretion. See Walker v. Second Judicial Dist. Court, 136 Nev. 678, 681-82, 476 P.3d 1194, 1197 (2020) (providing that, to obtain the: extraordinary remedy of mandamus, a petitioner ordinarily must establish a clear legal right to the course of action requested or manifest abuse of discretion). Accordingly, we

ORDER the petition DENIED.

Herndon, J.

Lee, J.

Bell, J.