Poulos v. Eighth Judicial District Court

OPINION

This original proceeding in mandamus challenges the district court’s order denying petitioner’s motion to dismiss, said motion having apparently been considered as a motion for summary judgment. See NRCP 12(b). Relying on Dzack v. Marshall, 80 Nev. 345, 393 P.2d 610 (1964), petitioner contends that the district court had a mandatory duty to grant summary judgment, and that mandamus is appropriate in this case.

Petitioner is a defendant in a personal injury action below. In that action the plaintiff alleges that he was injured in a traffic accident involving petitioner’s son, who was…