Opinion
85766
06-09-2023
ZARBOD AAZAMI ZANGANEH, AN INDIVIDUAL, Appellant, v. LIFE IS BEAUTIFUL, LLC, A NEVADA LIMITED LIABILITY COMPANY, Respondent.
UNPUBLISHED OPINION
ORDER DISMISSING APPEAL
This is an appeal from a district court order granting a motion to dismiss. Eighth Judicial District Court, Clark County; Jessica K. Peterson, Judge.
Initial review of the notice of appeal and documents before this court revealed a potential jurisdictional defect. It appeared that the district court had not yet entered a final judgment appealable under NRAP 3A(b)(1) because appellant's claims against Wendoh Media, LLC and IPS Security, Inc. remained pending in the district court. See Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (defining a final judgment). Accordingly, this court ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction.
Having considered appellant's response and respondent's reply, appellant does not demonstrate that the challenged order resolves the claims against Wendoh Media and IPS Security and is appealable as a final judgment. See Moran v. Bonneville Square Assocs., 117 Nev. 525, 527, 25 P.3d 898, 899 (2001) ("[T]he burden rests squarely upon the shoulders of a party seeking to invoke our jurisdiction to establish, to our satisfaction, that this court does in fact have jurisdiction."). Although appellant asserts in a supplement to the response that the district court orally granted a motion to certify the challenged order as final under NRCP 54(b), to date, appellant has not provided this court with a copy of any written certification order. See Div. of Child &Family Servs. v. Eighth Judicial Dist. Court, 120 Nev. 445, 454, 92 P.3d 1239, 1245 (2004) ("[D]ispositional court orders that are not administrative in nature, but deal with the procedural posture or merits of the underlying controversy, must be written, signed, and filed before they become effective"). And it does not appear from the district court docket entries that any such order has been entered.
As it does not appear that any other statute or court rule allows an appeal from the challenged order, see Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013) (this court "may only consider appeals authorized by statute or court rule"), this court lacks jurisdiction and
Appellant may file a new notice of appeal once the district court enters an appealable order.
Cadish, J. Pickering, J., Bell, J.
Hon. Jessica K. Peterson, District Judge