Burr v. Durfey (Child Custody)

• Court: Nevada Supreme Court
• Decided: October 20, 2016
• Docket: 70942
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

RYAN J. BURR, No. 70942 Appellant, vs. SARAH DURFEY, Respondent. FILED OCT 213 2016 ELIZABETH A. BROWN CLERK QF SUPREME awn DEPUTY CLERK

ORDER DISMISSING APPEAL This is a pro se appeal from a divorce and custody decree. Eighth Judicial District Court, Family Court Division, Clark County; Cheryl B. Moss, Judge. Our review of the documents submitted to this court pursuant to NEAP 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 thirty days after service of written notice of entry of the judgment or order. See NRAP 4(a)(1); NRAP 26(c). Written notice of entry was served on appellant by mail on June 17, 2016. The 30- day appeal period provided in NRAP 4(a)(1) ended on Monday, July 18, 2016. See NRAP 26(a)(3). Adding 3 days for mailing, appellant's notice of appeal was due to be filed in the district court no later than July 21, 2016. See NRAP 26(c). However, appellant did not file the notice of appeal until July 25, 2016, 4 days after the deadline. Because an untimely notice of SUPREME COURT OF NEVADA

(0) 1947A 149 - 32 25 7 appeal fails to vest jurisdiction in this court, see Healy v. Volkswagenwerk Aktiengesellschaft, 103 Nev. 329, 741 P.2d 482 (1987), we conclude that we lack jurisdiction, and we ORDER this appeal DISMISSED.'

C.)-\szAtyv iz , J. Cherry

J. Douglas

J. ,924484azata Gibbons

cc: Hon. Cheryl B. Moss, District Judge, Family Court Division Ryan J. Burr Throne & Hauser Eighth District Court Clerk

"We deny as moot respondent's motion to dismiss the appeal.

SUPREME COURT OF NEVADA

(0) 1947A 2

VVF