180 Land Co., Llc Vs. City Of Las Vegas

485 P.3d 764

• Court: Nevada Supreme Court
• Decided: April 30, 2021
• Docket: 82429
• Status: Published

Opinion

V otea-Fed fit( ocrier -cad 0 s 17 / 2 L

IN THE SUPREME COURT OF THE STATE OF NEVADA

180 LAND COMPANY, LLC, A NEVADA No. 82429 LIMITED LIABILITY COMPANY; FORE STARS, LTD4 AND SEVENTY ACRES, LLC, Appellants, FILE vs. APR 3 0 2021 CITY OF LAS VEGAS, A POLITICAL ELIZMETH A. BROWN SUBDIVISION OF THE STATE OF CLERK Cg SUPREME COURT NEVADA, BY SA CEPUrY CLERK Res a ondent.

ORDER ADMONISHING COUNSEL AND DISMISSING APPEAL

This is an appeal from a district court order granting a motion for summary judgment. Eighth Judicial District Court, Clark County; Douglas W. Herndon, Judge. On March 25, 2021, this court entered an order stating that appellants docketing statement is incomplete because appellants failed to attach file-stamped copies of the documents required by item 27. We directed appellants to file and serve an amended docketing statement with all required documents attached by April 8, 2021, and cautioned that failure to comply could result in the imposition of sanctions. See NRAP 14(c). Our order also directed appellants to show cause why this appeal should not be dismissed for lack of jurisdiction. It appeared that the notice of appeal was prematurely filed in the district court after the timely filing of a tolling motion and before that motion was resolved. See NRAP 4(a)(4). It also appeared that the tolling motion remained pending in the district court. Appellants filed an amended docketing statement on April 6, 2021. The amended docketing statement does not have copies of any required documents attached. Counsel for appellants is admonished for SUPREME COURT OF NEVADA

q 101 r947A failing to comply with this court's rule and order and cautioned that future failure to attach copies of all required documents to a docketing statement may result in the imposition of sanctions against counsel. See NRAP 14(c). In response to the order to show cause, appellants counsel represents that the district court has not yet entered a written order resolving the tolling motion and states that "jurisdiction is still with the District Court." Accordingly, it appears the notice of appeal is premature and this court lacks jurisdiction. See NRAP 4(a)(6) ("A premature notice of appeal does not divest the district court of jurisdiction."). We therefore ORDER this appeal DISMISSED.

Parraguirre

A44c4-0 J. Stiglich Silver

cc: Chief Judge, Eighth Judicial District Court Eighth Judicial District Court, Department 3 Law Offices of Kermitt L. Waters McDonald Carano LLP/Las Vegas Shute, Mihaly & Weinberger, LLP Las Vegas City Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

(0i 1,447A 4E* 2