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STATE, DEPT. OF TRANSP. v. THOMPSON

No. 14462.

662 P.2d 1338 (1983)

STATE of Nevada, on relation of its DEPARTMENT OF TRANSPORTATION, Petitioner, v. The Honorable J. Charles THOMPSON, Judge of the Eighth Judicial District Court of the State of Nevada, in and for the County of Clark, and Barbara J. Hoover, Respondents.

Supreme Court of Nevada.

May 10, 1983.

Attorney(s) appearing for the Case

Brian McKay, Atty. Gen., Roger D. Comstock, Deputy Atty. Gen., Carson City, for petitioner.

Bell, Leavitt & Green, and Mark Lerner, Las Vegas, for respondents.

OPINION

PER CURIAM:

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...

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