Burgauer v. Dist. Ct. (Burgauer)

IN THE SUPREME COURT OF THE STATE OF NEVADA

STEVEN BURGAUER, TRUSTEE OF No. 76691 THE PAUL D. BURGAUER MARITAL TRUST; AND PAUL D. BURGAUER MARITAL TRUST, Petitioners, vs. THE EIGHTH JUDICIAL DISTRICT FILED COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE WILLIAM S. POTTER, DISTRICT JUDGE, Respondents, and MARGARET BURGAUER, Real Party in Interest.

ORDER DENYING PETITION This original petition for a writ of mandamus and/or prohibition challenges a district court order denying a motion to dismiss in a trust action. Having considered the petition and appendices filed in this matter, we are not convinced that our extraordinary and discretionary intervention is warranted. See NRS 34.160; NRS 34.320; Halverson v. Miller, 124 Nev. 484, 487, 186 P.3d 893, 896 (2008) (recognizing that the decision to issue a writ of mandamus or prohibition "is solely within this court's discretion" and that petitioner bears the burden to establish that such extraordinary relief is appropriate). We therefore ORDER the petition DENIED.

Cherry

SUPREME COURT _13001eassie*”. c.„c OF Parraguirre Stiglich NEVADA

(0) 1947A

,

cc: Hon. William S. Potter, District Judge, Family Court Division Howard & Howard Attorneys PLLC Marquis Aurbach Coffing Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 (0) 1947A e