Golightly & Vannah, Pllc v. Dist. Ct. (Renown Reg'l. Med. Ctr.)
Golightly & Vannah, Pllc v. Dist. Ct. (Renown Reg'l. Med. Ctr.)
Opinion
In contrast, the action underlying this writ petition is an interpleader action initiated by the attorney. In such an action, it is the attorney, not his client, who is the plaintiff. Thus, as the plaintiff, the attorney is a party to the action and has the right to appeal from any adverse final judgement. See NRAP 3A(a). Moreover, in an interpleader action, a final, appealable judgment is generally held to be one that grants the interpleader request, discharges the plaintiff from further liability, and adjudicates the claimants' competing interests in the funds placed with the court. See, e.g., Abex Corp. v. Ski's Enters., Inc., 748 F.2d 513, 515 (9th Cir. 1984); Custom One—Hour Photo of Ga. v. Citizens & S. Bank, 345 S.E.2d 147, 148 (Ga. Ct. App. 1986); Scruggs, Millette, Bozeman & Dent, PA. v. Merkel & Cocke, P.A., 763 So. 2d 869, 872 (Miss. 2000); K & S Interests, Inc. v. Tex. Am. Bank/Dallas, 749 S.W.2d 887, 889 (Tex. Ct. App. 1988); see generally 44B Am. Jur. 2d Interpleader § 81. Thus, in this case, petitioner had a right to appeal from the challenged March 18, 2015, order, which discharged petitioner and adjudicated the non-defaulted claimants' claims to the interpleaded funds. Because the right to appeal is a plain, speedy, and adequate legal remedy precluding writ relief, NRS 34.160; NRS 34.330; Int? Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008), we decline to consider this writ petition. Accordingly, we ORDER the petition DENIED.
Parraguirre
LAI fi--C J.
Douglas
SUPREME COURT OF NEVADA (0) 1947A e CHERRY, J., dissenting: I dissent. Because this writ petition was filed within the time frame to appeal, I would convert this writ petition into an appeal.
J.
cc: Hon. Patrick Flanagan, District Judge Golightly & Vannah, PLLC Crystal A. Brown Maupin, Cox & LeGoy Laxalt & Nomura, Ltd./Reno Washoe District Court Clerk
SUPREME COURT OF NEVADA
(0) 1947A crtN).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.