Opinion
No. 63483
2013-09-23
WILLIAM H.A. PLUMMER, AN INDIVIDUAL, Appellant, v. WILLIAM E. SMALES, INDIVIDUALLY AND DEANNE R. SMALES, INDIVIDUALLY, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 summary judgment in a deficiency action. Eighth Judicial District Court, Clark County; Allan R. Earl, Judge.
Our review of the record on appeal reveals a jurisdictional defect. Specifically, appellant filed a tolling motion in district court before filing his notice of appeal. See AA Primo Builders, LLC v. Washington, 126 Nev. ___, ___, 245 P.3d 1190, 1192-93 (2010) (recognizing that any motion seeking a substantive alteration of a judgment tolls the time for appealing that judgment). As that motion has not been resolved by the district court, appellant's notice of appeal is premature, see NRAP 4(a)(6), and it fails to confer jurisdiction on this court. Accordingly, we order this appeal dismissed. Once a written order resolving the tolling motion is entered, any aggrieved party may appeal from that order. See NRAP 4(a)(4).
It is so ORDERED.
_____________________, J.
Gibbons
_____________________, J.
Douglas
_____________________, J.
Saitta
cc: Hon. Allan R. Earl, District Judge
William H.A. Plummer
Robert M. Apple
Eighth District Court Clerk