State ex rel. Department of Transportation v. Thompson

OPINION

Petitioner is the defendant in a personal injury lawsuit pending in the district court. Instead of answering the complaint, petitioner filed a motion to dismiss the suit based on the statute of limitations. See NRCP 12(b)(5). The district court denied the motion to dismiss, and petitioner now seeks a writ of mandamus to compel the district court to dismiss the suit.1 For the reasons set forth below, we deny the petition for writ of mandamus.

A writ of mandamus may be issued by this court to compel the performance of an act which the law requires as a duty *360resulting from an office, trust…