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Covino v. U.S. Bank

COURT OF APPEALS OF THE STATE OF NEVADA
Jul 27, 2018
No. 73647 (Nev. App. Jul. 27, 2018)

Opinion

No. 73647

07-27-2018

ROBYN COVINO, Appellant, v. US BANK NATIONAL ASSOCIATION, Respondent.


ORDER DISMISSING APPEAL

Robyn Covino appeals from a district court order dismissing her complaint and imposing sanctions. Eighth Judicial District Court, Clark County; Rob Bare, Judge.

Notice of entry of the district court's June 23, 2017, order dismissing Covino's complaint and imposing sanctions was filed and served on Covino via United States mail on June 23, 2017. As a result, Covino was required to file her notice of appeal no later than July 26, 2017. See NRAP 4(a)(1); NRAP 26(a), (c). Covino filed her notice of appeal on July 27, 2017, the day after her time for doing so expired. And since Covino's notice of appeal was therefore untimely filed, we lack jurisdiction to consider her appeal. See Healy v. Volkswagenwerk Aktiengesellschaft, 103 Nev. 329, 331, 741 P.2d 432, 433 (1987) (noting that an untimely notice of appeal fails to vest jurisdiction in an appellate court). Accordingly, we

Although Covino filed a pro se document on June 28, 2017, in the district court, that document did not toll her time for filing the notice of appeal, as it did not constitute a post-judgment tolling motion. See NRAP 4(a)(4) (setting forth the post-judgment motions that toll the time for filing an appeal); AA Primo Builders, LLC v. Washington, 126 Nev. 578, 585, 245 P.3d 1190, 1195 (2010) (explaining that a post-judgment motion for reconsideration will only be given tolling effect if, among other things, it "request[s] a substantive alteration of the judgment" and "states its grounds with particularity" (alteration in original) (internal quotation marks omitted)). --------

ORDER this appeal DISMISSED.

/s/_________, C.J.

Silver

/s/_________, J.

Tao

/s/_________, J.

Gibbons cc: Hon. Rob Bare, District Judge

Robyn Covino

Duane Morris LLP/Las Vegas

Eighth District Court Clerk


Summaries of

Covino v. U.S. Bank

COURT OF APPEALS OF THE STATE OF NEVADA
Jul 27, 2018
No. 73647 (Nev. App. Jul. 27, 2018)
Case details for

Covino v. U.S. Bank

Case Details

Full title:ROBYN COVINO, Appellant, v. US BANK NATIONAL ASSOCIATION, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Jul 27, 2018

Citations

No. 73647 (Nev. App. Jul. 27, 2018)