Carrera Vs. Montes

• Court: Nevada Supreme Court
• Decided: December 23, 2019
• Docket: 79744
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

MARVIN CARRERA, No. 79744 Appellant, 1 ckele

vs. CLAUDIA MONTES, 2 3 2C(19 Respondent. A. BRO i.;?Rfi"E ORDER DISMISSING APPEAL BY DEPLOY CLERK

This is a pro se appeal from an order awarding attorney fees. Eighth Judicial District Court, Clark County; Rhonda Kay Forsberg, Judge. Review of the documents submitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. In Docket No. 79571 this court dismissed the appeal on the ground that a timely tolling motion had been filed challenging the underlying judgment; the hearing on that motion was set for November 7, 2019, and it appears from the district court docket entries that the motion was orally denied on that date. However, no written order appears to have been entered. As that motion for reconsideration has not been formally resolved by a written order, the notice of appeal is premature. Accordingly, this court lacks jurisdiction and ORDERS this appeal DISMISSED.'

Hardesty

.44/4G4.4 J. Stiglich Silver

'Given this order, no action will be taken on appellant's motion for stay pending appeal. Cause appearing, attorney John T. Kelleher's motion to withdraw as counsel for respondent is•granted. NRAP 46. SUPREME COURT OF NEVADA

(0, 1947A 4011.

j •

killin •L} : I - 1 1' ' cc: Hon. Rhonda Kay Forsberg, District Judge Marvin Carrera Claudia Montes Kelleher & Kelleher, LLC Eighth District Court Clerk

SUPREME COURT OF NEVADA

(0) 1947A .40. 2 '1E1E11