Opinion
83677
11-23-2021
CESAR IVAN TORRES, Appellant, v. MARIA DE JESUS TORRES, Respondent.
UNPUBLISHED OPINION
ORDER DISMISSING APPEAL
This is a pro se appeal from a district court decree of divorce and an order awarding attorney fees and costs. Eighth Judicial District Court, Family Court Division, Clark County; Dedree Butler, Judge.
Review of the notice of appeal and documents before this court reveals a jurisdictional defect. The notice of appeal was prematurely filed in the district court after appellant timely filed a tolling motion seeking a substantive amendment to the orders challenged in this appeal but prior to entry of a written order formally resolving that motion. 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 post-judgment motion carries tolling effect). To date, it appears the motion remains pending in the district court. This court lacks jurisdiction to consider a prematurely filed notice of appeal. NRAP 4(a)(6) ("A premature notice of appeal does not divest the district court of jurisdiction."). Accordingly, this court
The motion is titled an "objection."
Appellant may file a new notice of appeal once the district court enters a written order formally resolving the motion.
Parraguirre, J., Stiglich, J., Silver, J.
Dedree Butler, District Judge