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Axelrod v. Perrin

SUPREME COURT OF THE STATE OF NEVADA
Jun 3, 2016
No. 69613 (Nev. Jun. 3, 2016)

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

ORDER this appeal DISMISSED.

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


Summaries of

Axelrod v. Perrin

SUPREME COURT OF THE STATE OF NEVADA
Jun 3, 2016
No. 69613 (Nev. Jun. 3, 2016)
Case details for

Axelrod v. Perrin

Case Details

Full title:SHANE AXELROD, Appellant, v. CARRIE ANN PERRIN, Respondent.

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Jun 3, 2016

Citations

No. 69613 (Nev. Jun. 3, 2016)