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Marmolejo v. Las Vegas Athletic Club

Supreme Court of Nevada.
May 11, 2011
373 P.3d 939 (Nev. 2011)

Opinion

No. 57728.

05-11-2011

Marguerite MARMOLEJO, Appellant, v. LAS VEGAS ATHLETIC CLUB; and the State of Nevada Department of Employment, Respondents.

Marguerite Marmolejo State of Nevada/DETR


Marguerite Marmolejo

State of Nevada/DETR

ORDER DISMISSING APPEAL

Notice of entry of the district court's July 1, 2010, order was served on appellant by respondents' counsel via U.S. mail on July 16, 2010. Because service of the notice of entry was by mail, appellant had 33 days from the date of service to file her 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 August 18, 2010. Appellant filed her notice of appeal on January 26, 2011, 161 days after the 33–day period for filing her notice of appeal had run. Since appellant's notice of appeal was untimely filed, we lack jurisdiction to consider this appeal. 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, we

ORDER this appeal DISMISSED.

In light of this order, we deny all motions as moot.


Summaries of

Marmolejo v. Las Vegas Athletic Club

Supreme Court of Nevada.
May 11, 2011
373 P.3d 939 (Nev. 2011)
Case details for

Marmolejo v. Las Vegas Athletic Club

Case Details

Full title:Marguerite MARMOLEJO, Appellant, v. LAS VEGAS ATHLETIC CLUB; and the State…

Court:Supreme Court of Nevada.

Date published: May 11, 2011

Citations

373 P.3d 939 (Nev. 2011)