Opinion
No. 61700
08-12-2016
IKEMEFULA CHARLES IBEABUCHI, Appellant, v. BANK OF AMERICA, N.A.; AND JAMES GREG COX, Respondents.
ORDER DISMISSING APPEAL
This is an appeal from a district court order dismissing appellant's complaint with prejudice. The documents transmitted to this court pursuant to NRAP 3(g) reveal that an order dismissing appellant's complaint as to respondent Bank of America was entered on September 12, 2012, and that a timely motion for reconsideration was filed on September 13, 2012. Based on the documents before us, it does not appear that this motion has been resolved by a formal written order. Accordingly, appellant's notice of appeal is premature and fails to confer jurisdiction on this court. See NRAP 4(a)(6); AA Primo Builders, LLC v. Washington, 126 Nev. 578, 585, 245 P.3d 1190, 1195 (2010) (holding that a timely post-judgment motion for reconsideration that seeks a substantive change to the judgment tolls the time to file a notice of appeal until the entry of a written order granting or denying the motion). Therefore, we
A second order dismissing the complaint as to respondent James Greg Cox was later entered by the district court. --------
ORDER this appeal DISMISSED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver cc: Hon. Douglas W. Herndon, District Judge
Ikemefula Charles Ibeabuchi
Attorney General/Carson City
Wilson, Elser, Moskowitz, Edelman & Dicker, LLP/Las Vegas
Eighth District Court Clerk