BAHRAM YAHYAVI v. MALIK AHMAD AND INTERVENOR DAVID SAMPSON (2025)

ORDER DISMISSING APPEAL

This is an appeal from an order of the district court denying a motion to reconsider an order granting summary judgment. Eighth Judicial District Court, Clark County; Kathleen E. Delaney, Judge.

Respondents filed a motion to dismiss appellant's appeal and a request for sanctions for filing a frivolous appeal. Appellant opposes the motion, and respondents have filed a reply. Respondents assert a lack of jurisdiction because the appealed order is not final. Appellant asserts that this court has jurisdiction because resolution of the interpleader action is synonymous with the awarding of attorneys’ fees post-judgment. In the alternative, appellant asserts that the order should be taken as final by parsing the issue of the contract dispute from the allocation of funds at the heart of this litigation.

Appellant's arguments are misplaced where, as here, the interpleader action is ongoing and remains without a final judgment. “[A] final judgment is one that disposes of all the issues presented in the case, and leaves nothing for the future consideration of the court, except for post-judgment issues such as attorney's fees and costs.” Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000). The district court's September 6, 2024. order is not a final judgment because it only resolves the claims of one party, Bahram Yahyavi. Litigation continues in the district court between Malik W. Ahmad and David Sampson in an action for interpleader and related claims.

Because the interpleader claim remains pending in the district court and the district court did not certify its order denying motion for reconsideration as final pursuant to NRCP 54(b), the order is not appealable as a final judgment. The motion to dismiss is granted and the request for sanctions is denied. We

ORDER this appeal DISMISSED.

Pickering, J.

Cadish, J.

Lee, J.