Opinion
No. 85585
01-06-2023
Carlos Aytch REDMOND, Appellant, v. Kelly-Tu NGUYEN-REDMOND, n/k/a Kelly Tu Nguyen, Respondent.
ORDER DISMISSING APPEAL
Review of the documents submitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, the notice of appeal was untimely filed under NRAP 4(a) because it appears that it was filed after the timely filing of a tolling motion for reconsideration under NRAP 4(a)(4) and before the tolling motion was formally resolved. See, e.g., AA Primo Builders, LLC v. Washington, 126 Nev. 578, 245 P.3d 1190 (2010). 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). Accordingly, this court lacks jurisdiction, and
Appellant's motions for a stay pending appeal and for the appointment of counsel are denied as moot.