Opinion
No. 83537
11-05-2021
Frederick Omoyuma SILVER, Appellant, v. Steven B. WOLFSON DA Clark County Family Child Support Division; Jane D. Femiano Hearing Master/Magistrate DA Clark County Family Child Support Division; the State of Nevada Department of Health and Human Services ; and Nevada Attorney General Aaron D. Ford, Office of the Attorney General; Summerlin Hospital Medical Center, LLC; Jeffrey J. Witthun; Veronica Gomez; and Aaron Bailey, Respondents.
Frederick Omoyuma Silver Wilson, Elser, Moskowitz, Edelman & Dicker, LLP/Las Vegas Clark County District Attorney
Frederick Omoyuma Silver
Wilson, Elser, Moskowitz, Edelman & Dicker, LLP/Las Vegas
Clark County District Attorney
ORDER DISMISSING APPEAL
Review of the notice of appeal and other documents before this court reveals a jurisdictional defect. The notice of appeal was prematurely filed in the district court after the filing of a timely tolling motion (entitled "Objection to Order Signed by Jessica K. Peterson on 9/14/21), see NRAP 4(a)(4) (regarding tolling motions); AA Primo Builders , LLC v. Washington, 126 Nev. 578, 585, 245 P.3d 1190, 1195 (2010) (describing when a postjudgment motion is treated as a motion pursuant to NRCP 59(e) carrying tolling effect); Lytle v. Rosemere Estates Prop. Owners , 129 Nev. 923, 314 P.3d 946 (2013) (a motion to alter or amend an appealable order generally tolls the time to file an appeal from that order), but before that motion was resolved in the district court. To date, it appears the motion remains pending in the district court. This court lacks jurisdiction over a premature notice of appeal, NRAP 4(a)(6) ("A premature notice of appeal does not divest the district court of jurisdiction."), and therefore
This court takes no further action on the document filed by appellant on October 7, 2021, and no action on the document filed on October 15, 2021.