Opinion
No. 66847
02-27-2015
LAVONNE KOLENDER, Appellant, v. DENNIS KOLENDER, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DISMISSING APPEAL
This is a pro se appeal from a district court order establishing custody. Eighth Judicial District Court, Family Court Division, Clark County; Cynthia Dianne Steel, Judge.
Our review of the documents before this court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, it appears the district court has not yet entered a final written order, and the notice of appeal was prematurely filed. The district court held its hearing on October 28, 2014, at which time it issued its rulings and directed counsel to prepare and submit the written order pursuant to EDCR 7.21. To date no written order appears to have been entered. Thus, this appeal is premature and we lack jurisdiction over the appeal at this time. See NRAP 4(a)(6) (providing that "[a] premature notice of appeal does not divest the district court of jurisdiction" and that this court "may dismiss as premature a notice of appeal filed after the oral pronouncement of a decision or order but before entry of the written judgment or order"); Rust v. Clark Cnty. Sch. Dist., 103 Nev. 686,688-89, 747 P.2d 1380, 1381-82 (1987) (explaining that oral rulings are ineffective for appeal purposes and that a written order or judgment must be filed before a district court ruling can be appealed). We trust that the district court will enter a final written order as expeditiously as its calendar permits.
Appellant may file an appeal after an appealable, written order or judgment is filed. Because we lack jurisdiction over this appeal, we
ORDER this appeal DISMISSED.
/s/_________, J.
Parraguirre
/s/_________, J.
Douglas
/s/_________, J.
Cherry
cc: Hon. Cynthia Dianne Steel, District Judge, Family Court Division
Lavonne Kolender
Louis C. Schneider, LLC
Eighth District Court Clerk