Opinion
No. 63972
02-19-2014
MELODY NELSON, Appellant, v. MARY LANGFORD; RICHARD LANGFORD; AND SHARON LANGFORD, Respondents.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 proper person appeal from a district court order in a child custody matter. Eighth Judicial District Court, Clark County; Jack B. Ames, Judge.
Our review of this appeal reveals a jurisdictional defect. Appellant's notice of appeal was not timely filed. A notice of appeal must be filed no later than 30 days after written notice of the order's entry is served. NRAP 4(a)(1). When notice of entry is served by mail, three days are added to the appeal period. NRAP 26(c). Here, notice of the order's entry was served by mail on July 25, 2013. Appellant's notice of appeal was due to be filed by August 29, 2013. See NRAP 26(a)(3) (providing that when the last day of the time period falls on a nonjudicial day, the period extends until the end of the next judicial day); see also Winston Prods. Co. v. DeBoer, 122 Nev. 517, 524, 134 P.3d 726, 731 (2006) (indicating that three days for service by mail are added after calculating the applicable time period). Appellant did not file the notice of appeal, however, until September 4, 2013. An untimely notice of appeal fails to vest jurisdiction in this court. See Healy v. Volkswagenwerk Aktiengesellschaft, 103 Nev. 329, 331, 741 P.2d 432, 433 (1987). As we lack jurisdiction to consider this appeal, we
Appellant submitted a proper person motion to represent herself in this appeal on January 8, 2014. We deny as moot any relief requested in the motion.
_______________, J.
Pickering
_______________, J.
Parraguirre
________________, J.
Saitta
cc: Chief Judge, The Eighth Judicial District Court
Hon. Jack B. Ames, Senior Judge
Carolyn Worrell, Settlement Judge
Melody Nelson
Mills & Mills
Eighth District Court Clerk