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WALTERS v. EIGHTH JUDICIAL DIST. COURT

No. 55912.

263 P.3d 231 (2011)

William T. WALTERS, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT OF the STATE of Nevada, in and for the COUNTY OF CLARK, and the Honorable Mark R. Denton, District Judge, Respondents, and Federal Deposit Insurance Corporation, as Receiver for Community Bank of Nevada, Real Parties in Interest.

Supreme Court of Nevada.

October 13, 2011.

Attorney(s) appearing for the Case

Bailey Kennedy and Dennis L. Kennedy , Kimberly R. McGhee , and Craig A. Henderson , Las Vegas, for Petitioner.

McDonald Carano Wilson LLP and Jeffrey A. Silvestri , Andrew P. Gordon , and Lisa M, Wiltshire , Las Vegas, for Real Parties in Interest.

Before the Court En Banc.

OPINION

By the Court, DOUGLAS, J.:

This original petition for a writ of mandamus or prohibition presents the issue of whether the counterclaim, cross-claim, and written motion setting the grounds for the application and the relief sought satisfies the requirements of NRS Chapter 40 for seeking a deficiency judgment based upon a breach of guaranty. We conclude that it does and deny petitioner William T. Walters' request for extraordinary relief.

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