Brown v. Brown

• Court: Nevada Supreme Court
• Decided: April 22, 2019
• Docket: 78554
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

JEFFREY K. BROWN, No. 78554 Appellant, vs. FARHA BROWN, Respondent. FL APR 2 2 2019 ELIZALiEll , A. 11::'...:YWN CLERK OF 'Zi.iPh.•1).. C.:, COURT

BY—S—S-CS DEPUTI Cu:7Jc_ if

ORDER DISMISSING APPEAL

This is a pro se appeal from a divorce decree. Eighth Judicial District Court, Family Court Division, Clark County; Denise L. Gentile, Judge. Review of the documents submitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, the notice of appeal appears to be untimely filed under NRAP 4(a) because it appears that it was filed more than 30 days after service of written notice of entry of the judgment or order. See NRAP 4(a)(1); NRAP 26(c). The decree of divorce was entered on October 16, 2018, with written notice of entry served on October 17, 2018. A Qualified Domestic Relations Order was filed January 9, 2019, with written notice of entry served on January 10, 2019, but the notice of appeal was not filed until March 26, 2019, and a second notice of appeal was filed on April 5, 2019, both well after the expiration of the 30- day time period to appeal. NRAP 4(a). An untimely notice of appeal fails to vest jurisdiction in this court. See Healy v. Volkswagenwerk

SUPREME COURT OF NEVADA

004. (0) 1947A - 1,7 s coct Aktiengesellschaft, 103 Nev. 329, 331, 741 P.2d 432, 433 (1987) (noting that an untimely notice of appeal fails to vest jurisdiction in an appellate court). This court lacks jurisdiction over this appeal and therefore ORDERS this appeal DISMISSED.

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cc: Hon. Denise L. Gentile, District Judge, Family Court Division Jeffrey K. Brown Farha Brown Eighth District Court Clerk

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