Opinion
No. 58100.
05-10-2011
Verne HACKBARTH, Appellant, v. ESTATE OF Richard A. DAVIS; Richard A. Davis Family Trust; Lafayette H. Dana & Shirley C. Dana, Co-trustees of the 1979 Dana Trust; Jo Anne Lamuraglia; Grant Fiddler; John Peter Lee, Esq.; Schwartzer & Mcpherson Law Firm; Chicago Title of Las Vegas; Terry Haines ; Lawyers Title of Nevada, Inc.; Lawyers Title Insurance Co.; Land America a/k/a Commonwealth Title of Nevada; Michael F. Bohn, Esq.; Damon E. Morris, Esq.; Law Offices of Bohn & Morris; Judge Tina Brisebill; Judge Robert Lane; NYE County Clerks Timothy Sutton & Cindi Ward; and Sgt. Balding & Sgt. Medina, of the NYE County Sheriffs Dept., Respondents.
Verne Hackbarth. Damon Morris.
Verne Hackbarth.
Damon Morris.
ORDER DISMISSING APPEAL
Proper person appellant seeks to challenge a district court order denying a motion for reconsideration. As no statute or court rule authorizes an appeal from an order denying a motion for reconsideration, the challenged order is not substantively appealable. See NRAP 3A(b) (listing orders and judgments from which an appeal may be taken); see also Taylor Constr. Co. v. Hilton Hotels, 100 Nev. 207, 678 P.2d 1152 (1984) ; Alvis v. State, Gaming Control Bd., 99 Nev. 184, 660 P.2d 980 (1983) (noting that no appeal may be taken from an order of reconsideration), disapproved on other grounds by AA Primo Builders v. Washington, 126 Nev., 245 P.3d 1190 (2010).
Additionally, notice of entry of the district court's January 21, 2009, final judgment was served on appellant by respondents' counsel via U.S. mail on January 26, 2009. Because service of the notice of entry was by mail, appellant had 33 days from the date of service to file the notice of appeal. See NRAP 4(a)(1) ; NRAP 26(c). Appellant's notice of appeal was therefore due to be filed in the district court on or before February 28, 2009. Appellant filed the notice of appeal on April 4, 2011, 767 days after the 33–day period for filing the notice of appeal had run. Thus, appellant's notice of appeal was untimely filed. See Healy v. Volkswagenwerk, 103 Nev. 329, 331, 741 P.2d 432, 433 (1987) (noting that an untimely notice of appeal fails to vest jurisdiction in this court).
Accordingly, as we lack jurisdiction to consider this appeal, we
ORDER this appeal DISMISSED.