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Serenity Prosperity v. Combs

Supreme Court of Nevada
Aug 4, 2022
No. 84907 (Nev. Aug. 4, 2022)

Opinion

84907

08-04-2022

SERENITY PROSPERITY, INDIVIDUALLY, Appellant, v. JAMIE COMBS, INDIVIDUALLY, Respondent.


UNPUBLISHED OPINION

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order dismissing appellant's amended complaint. Eighth Judicial District Court, Clark County; Jerry A. Wiese, Judge.

Review of the notice of appeal and documents before this court reveals a jurisdictional defect. It appears the notice of appeal was untimely filed. Notice of entry of the challenged order was served on appellant's counsel on February 2, 2022. However, appellant did not file the notice of appeal in the district court until June 17, 2022, well after expiration of the 30-day appeal period. See NEAP 4(a)(1). This court lacks jurisdiction to consider an untimely notice of appeal. Healy v. Volkswagenwerk Aktiengesellschaft, 103 Nev. 329, 741 P.2d 432 (1987) (an untimely notice of appeal fails to vest jurisdiction in this court). Accordingly, this court lacks jurisdiction and

It appears from the district court docket sheet that appellant moved the district court for an extension of time to file the notice of appeal. However, the district court lacks authority to extend the time to file a notice of appeal. Walker v. Scully, 99 Nev. 45, 46, 657 P.2d 94, 94 (1983).

ORDERS this appeal DISMISSED.

Hardesty J., Stiglich J., Herndon J.

Hon. Jerry A. Wiese, District Judge.


Summaries of

Serenity Prosperity v. Combs

Supreme Court of Nevada
Aug 4, 2022
No. 84907 (Nev. Aug. 4, 2022)
Case details for

Serenity Prosperity v. Combs

Case Details

Full title:SERENITY PROSPERITY, INDIVIDUALLY, Appellant, v. JAMIE COMBS…

Court:Supreme Court of Nevada

Date published: Aug 4, 2022

Citations

No. 84907 (Nev. Aug. 4, 2022)