Carrera Vs. Montes (Child Custody)

Nevada Supreme Court

Carrera Vs. Montes (Child Custody)

DecidedOctober 18, 2019

Docket79571

StatusPublished

This text of Carrera Vs. Montes (Child Custody) (Carrera Vs. Montes (Child Custody)) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Carrera Vs. Montes (Child Custody), (Neb. 2019).

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IN THE SUPREME COURT OF THE STATE OF NEVADA

MARVIN CARRERA, No. 79571 Appellant, vs. CLAUDIA MONTES, Respondent. FILED OCT 1 8 2019

ORDER DISMISSING APPEAL This is an appeal from a district court order regarding a motion to modify custody of a minor child. Eighth Judicial District Court, Clark County; Rhonda Kay Forsberg, Judge. Review of the documents before this court reveals a jurisdictional defect. Specifically, the notice of appeal appears to be prematurely filed under NRAP 4(a) because it was filed after the timely filing of a tolling motion and before the motion has been formally resolved. See NRAP 4(a)(4); AA Prirno Builders, LLC v. Washington, 126 Nev. 578, 585, 245 P.3d 1190, 1195 (2010) (describing when a motion for reconsideration may be construed as a tolling motion). Appellant filed a timely motion for reconsideration, and the district court has set the motion for hearing. A timely tolling motion terminates the 30-day appeal period,

'Cause appearing, counsel for respondent's motion to withdraw as counsel of record is granted. The clerk of this court shall remove John T. Kelleher and Kelleher & Kelleher, LLC, as counsel of record for respondent.

SUPREME COURT OF NEVADA -q3 vD9' (0) 1947A mato and a notice of appeal is of no effect if it is filed after such motion is filed, and before the district court enters a written order finally resolving the motion. See NRAP 4(a)(4). This court lacks jurisdiction and ORDERS this appeal DISMISSED.2

A e,A. pe.a..atn , J. Hardesty

MA,„syti.S1 , J. , J. Stiglich Silver

cc: Hon. Rhonda Kay Forsberg, District Judge Marvin Carrera Kelleher & Kelleher, LLC Eighth District Court Clerk

2 Given this dismissal, appellant's motion for stay, filed on September 30, 2019, and motion for extension of time filed on October 15, 2019, are denied as moot. The clerk shall return, unified, the transcript request form SUPREME Couar received on October 16, 2019. OF NEVADA

(0) 1947A 411Pg, 2

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IN THE SUPREME COURT OF THE STATE OF NEVADA

MARVIN CARRERA, No. 79571 Appellant, vs. CLAUDIA MONTES, Respondent. FILED OCT 1 8 2019

ORDER DISMISSING APPEAL This is an appeal from a district court order regarding a motion to modify custody of a minor child. Eighth Judicial District Court, Clark County; Rhonda Kay Forsberg, Judge. Review of the documents before this court reveals a jurisdictional defect. Specifically, the notice of appeal appears to be prematurely filed under NRAP 4(a) because it was filed after the timely filing of a tolling motion and before the motion has been formally resolved. See NRAP 4(a)(4); AA Prirno Builders, LLC v. Washington, 126 Nev. 578, 585, 245 P.3d 1190, 1195 (2010) (describing when a motion for reconsideration may be construed as a tolling motion). Appellant filed a timely motion for reconsideration, and the district court has set the motion for hearing. A timely tolling motion terminates the 30-day appeal period,

'Cause appearing, counsel for respondent's motion to withdraw as counsel of record is granted. The clerk of this court shall remove John T. Kelleher and Kelleher & Kelleher, LLC, as counsel of record for respondent.

SUPREME COURT OF NEVADA -q3 vD9' (0) 1947A mato and a notice of appeal is of no effect if it is filed after such motion is filed, and before the district court enters a written order finally resolving the motion. See NRAP 4(a)(4). This court lacks jurisdiction and ORDERS this appeal DISMISSED.2

A e,A. pe.a..atn , J. Hardesty

MA,„syti.S1 , J. , J. Stiglich Silver

cc: Hon. Rhonda Kay Forsberg, District Judge Marvin Carrera Kelleher & Kelleher, LLC Eighth District Court Clerk

2 Given this dismissal, appellant's motion for stay, filed on September 30, 2019, and motion for extension of time filed on October 15, 2019, are denied as moot. The clerk shall return, unified, the transcript request form SUPREME Couar received on October 16, 2019. OF NEVADA

(0) 1947A 411Pg, 2

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