Opinion
No. 69613
06-03-2016
SHANE AXELROD, Appellant, v. CARRIE ANN PERRIN, Respondent.
ORDER DISMISSING APPEAL
This is a pro se appeal from a district court order denying a motion to modify child custody entered after resolution of an untimely motion for reconsideration. Appellant has filed a motion to dismiss the appeal on the ground that this court lacks jurisdiction. No opposition has been filed. Having considered respondent's motion, we grant it. Although the district court resolved the motion for reconsideration on the merits, an untimely motion for reconsideration does not toll the time to appeal. See NRAP 4(a)(6); AA Primo Builders, LLC v. Washington, 126 Nev. 578, 245 P.3d 1190 (2010); Morrell v. Edwards, 98 Nev. 91, 93, 640 P.2d 1322, 1324 (1982). Accordingly, appellant's notice of appeal from the order entered August 24, 2015, was due September 23, 2015. Appellant did not file a notice of appeal until January 14, 2016, after the resolution of the motion for reconsideration on January 6, 2016. An order denying a motion for reconsideration is not an appealable order. Alvis v. State, Gaming Control Bd., 99 Nev. 184, 660 P.2d 980 (1983), disapproved of on other grounds by AA Primo Builders, LLC v, Washington, 126 Nev. 578, 245 P.3d 1190 (2010). We conclude, therefore, that we lack jurisdiction over this appeal, and we
Appellant's motion filed April 15, 2016, is denied as moot. --------
/s/_________, J.
Hardesty /s/_________, J.
Saitta /s/_________, J.
Pickering cc: Hon. Vincent Ochoa, District Judge
Shane Axelrod
Carrie Ann Perrin
Eighth District Court Clerk