Opinion
No. 79594
09-27-2019
EDWARD A. NEWMYER, AN INDIVIDUAL, Appellant, v. PREMIER ONE HOLDINGS, INC., A NEVADA CORPORATION; MRT ASSETS, LLC, A NEVADA LIMITED-LIABILITY COMPANY; RONE CHANG, AN INDIVIDUAL; MICHAEL H. RING, AN INDIVIDUAL; AND CALVIN FUNG, AN INDIVIDUAL, Respondents.
ORDER DISMISSING APPEAL
This is a pro se appeal from a findings of fact, conclusions of law, and dismissal with prejudice. Eighth Judicial District Court, Clark County; Elizabeth Goff Gonzalez, Judge.
Review of the documents submitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, the notice of appeal appears to be prematurely filed under NRAP 4(a) because it was filed after the timely filing of a tolling motion under NRAP 4(a)(4) and before the tolling motion has been formally resolved. Appellant filed a timely motion for reconsideration and the court has set the motion for hearing. 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). This court lacks jurisdiction and
ORDERS this appeal DISMISSED.
/s/_________, J.
Pickering
/s/_________, J.
Parraguirre
/s/_________, J.
Cadish cc: Hon. Elizabeth Goff Gonzalez, District Judge
Edward A. Newmyer
Morris Law Center
Eighth District Court Clerk