Opinion
No. 72791
04-21-2017
WENDELL DWAYNE O'NEAL, Appellant, v. ROAD RUNNER RENTALS, INC.; FIRST NAME BOAZ (JAMIE SANTOS); ROAD RUNNER AUTO GROUP, INC.; CAROL MILLAUD; MATTHEW WOLF; EMPIRE FIRE & MARINE INSURANCE CO., INC.; AND JAMIE SANTOS, Respondents.
ORDER DISMISSING APPEAL
This is a pro se appeal from an order granting a motion for summary judgment and deferring a decision on respondents' motion to designate appellant a vexatious litigant. Eighth Judicial District Court, Clark County; Jennifer P. Togliatti, Judge.
Our review of the documents submitted to this court pursuant to NRAP 3(g) reveals two jurisdictional defects. Specifically, the notice of appeal appears to be untimely filed under NEAP 4(a) because it appears that it was prematurely filed, before the entry of a final written judgment, and is therefore of no effect. See NEAP 4(a)(1); Rust v. Clark Cty. School District, 103 Nev. 686, 747 P.2d 1380 (1987).
In addition, the notice of appeal was filed after the timely filing of a tolling motion under NEAP 4(a)(2) and before the tolling motion has been formally resolved. The district court minutes reflect that a hearing on appellant's motion for reconsideration is set for May 10, 2017. A timely tolling motion terminates the thirty-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 NEAP 4(a)(2).
Accordingly, we conclude that we lack jurisdiction, and we
ORDER this appeal DISMISSED.
/s/_________, J.
Douglas
/s/_________, J.
Gibbons
/s/_________, J.
Pickering cc: Hon. Jennifer P. Togliatti, District Judge
Wendell Dwayne O'Neal
Cisneros & Marias
Eighth District Court Clerk