Rivercenter Associates v. Rivera

recognizing that mandamus is controlled by equitable principles, including that it aids the diligent and not those who sleep on their rights | concluding that a four-month delay was sufficient to deny relief | explaining that “equity aids the diligent and not those who slumber on their rights” | stating that issuance of mandamus is largely controlled by equitable principles | waiting over four months before taking any action in pursuing rights to relief resulted in laches where record revealed no justification for the delay | denying petition for mandamus when party = s unjustified four-month delay in seeking relief demonstrated lack of diligence | requiring “diligent pursuit of any right to a non-jury trial” to enforce the right –13– by mandamus | waiting over four months before taking any action in pursuing rights to relief resulted in laches where record revealed no justification for the delay | waiting over four months before taking any action in pursuing rights to relief resulted in laches where record revealed no justification for the delay | denying mandamus relief because laches barred challenge to jury demand filed after four-month delay | denying review on basis of four month delay in filing mandamus without reason | denying mandamus petition in light of relator’s four-month delay in seeking relief | denying mandamus petition in light of relator’s four-month delay in seeking relief | denying mandamus petition in light of relator’s four-month delay in seeking relief | refusing to grant equitable mandamus SUPREME COURT OF NEVADA (0) 1947A 2 relief where the petitioner had slept on its rights by failing to move to quash the jury demand until four months after the demand was filed | "Although mandamus is not an equitable remedy, its issuance is largely controlled by equitable principles." | relator waited four months to seek mandamus relief from demand for jury trial | Rivercenter waited over four months to seek mandamus relief, offered no justification for the delay, and showed no “diligent pursuit of any right” | Rivercenter waited over four months to seek mandamus relief, offered no justification for the delay, and showed no “diligent pursuit of any right” | “[E]quity aids the diligent and not those who slumber on their rights.” (quoting Callahan v. Giles, 155 S.W.2d 793, 795 (Tex. 1941)) | "[E]quity aids the diligent and not those who slumber on their rights." (quoting Callahan v. Giles , 155 S.W.2d 793, 795 (Tex. 1941)) | orig. 1 The October petition involved the issuance of temporary orders due to the granting of the bill of review. 3 proceeding | orig. 1 The October petition involved the issuance of temporary orders due to the granting of the bill of review. 3 proceeding | relator waited four months to seek mandamus relief from demand for jury trial | relator waited four months to seek mandamus relief from demand for jury trial | “Although mandamus is not an equitable remedy, its issuance is largely controlled by equitable principles. One such principle is that equity aids the diligent and not those who slumber on their rights.” (cleaned up) | applying lâches doctrine to bar mandamus relief based on four-month delay | “Equity aids the diligent and not those who slumber on their rights.” | quot- ing Callahan v. Giles, 155 S.W.2d 793, 795 (Tex. 1941) | denying mandamus where 2 relator failed to explain seven-month delay | mandamus denied based on unexplained four-month delay in petitioning | Rivercenter waited over four months to seek mandamus relief | Rivercenter waited over four months to seek mandamus relief | Rivercenter waited over four months to seek relief | unexplained delay of more than four months | original proceeding to complain of jury waiver | unexplained delay of more than four months | unexplained delay of more than four months | four months of unexplained delay triggered laches | unexplained delay of more than four months | unexplained delay of more than four months | unexplained delay of more th