Coan Vs. Baclet

• Court: Nevada Supreme Court
• Decided: December 9, 2019
• Docket: 79936
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

VANCE COAN, No. 79936 Appellant,

ROSALIE BACLET, VS. FILED Respondent. DEC 9 9 2019 EUZABETH A. BROWN CLERK9F UPREME COURT BY s. DEPL 1 ' CLE ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order granting a motion to dismiss a complaint. Second Judicial District Court, Washoe County; Scott N. Freeman, Judge. Review of the notice of appeal and documents before this court reveals a jurisdictional defect. It appears that the notice of appeal was prematurely filed after the filing of a timely tolling motion for reconsideration. See NRAP 4(a)(4); AA Primo Builders, LLC v. Washington, 126 Nev. 578, 585, 245 P.3d 1190, 1195 (2010) (explaining when a post- judgment motion for reconsideration is treated as a tolling motion under NRAP 4(a)(4)(C)). To date, it appears that the tolling motion remains pending in the district court. It thus appears that this court lacks jurisdiction, see NRAP 4(a)(6) ("A premature notice of appeal does not divest the district court of jurisdiction."), and this court ORDERS this appeal DISMISSED.

Parraguirre Cadish SUPREME COURT oF NEVADA

(0) 1447A ici-1-11 $22 cc: Hon. Scott N. Freeman, District Judge Vance Coan Robertson, Johnson, Miller & Williamson Washoe District Court Clerk

SUPREME COURT OF NEVADA

(0) 1947A .144r36. 2

111111411111