Opinion
No. 85925
02-03-2023
Noel C. NELSON, a/k/a Noel C. Delgado, Appellant, v. Michael L. NELSON, Respondent.
ORDER DISMISSING APPEAL
Review of the documents submitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, it appears that the notice of appeal was filed after the timely filing of a tolling motion for reconsideration under NRAP 4(a)(4) and before the tolling motion has been formally resolved. See AA Primo Builders v. Washington , 126 Nev. 578, 245 P.3d 1190 (2010) (a motion for reconsideration can be considered a tolling motion to alter or amend); and Lytle v. Rosemere Estates Prop. Owners , 129 Nev. 923, 314 P.3d 946 (2013) (tolling motions directed at an appealable post-judgment order also toll the period to appeal from that order). A timely tolling motion terminates the 30-day appeal period, and a notice of appeal is of no effect if it is filed after such a tolling motion is filed, and before the district court enters a written order finally resolving the motion. See NRAP 4(a)(4). According to the district court docket entries, the court has set an evidentiary hearing on the motion for July 13, 2023. This court lacks jurisdiction and
Respondent's motion to dismiss the appeal is denied as moot.