Corson Vs. Corson (Child Custody)

472 P.3d 195

• Court: Nevada Supreme Court
• Decided: September 22, 2020
• Docket: 81678
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

LORA CORSON, MK/A LORA WALSH, No. 81678 Appellant, vs. EZEKIEL CORSON, Respondent. FILE SEP 2 2 2020 ELIZABETH A. BROWN CLERK OF SUPREME COURT BY 'C-N DEPUTY CLERK

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order modifying custody and visitation of minor children. Second Judicial District Court, Family Court Division, Washoe County; Bridget E. Robb, Judge. This court's review of the notice of appeal and documents before this court reveals a jurisdictional defect. Prior to filing the notice of appeal, appellant timely filed a document in the district court titled "Objection to Proposed Order." The objection appears to seek a substantive alteration of the order challenged in this appeal and thus appears to constitute a tolling motion. See NRAP 4(a)(4) (regarding tolling motions); AA Primo Builders LLC v. Washington, 126 Nev. 578, 585, 245 P.3d 1190, 1195 (2010) (describing when a post-judgment motion carries tolling effect). To date, it appears that the motion remains pending in the district court. It thus appears that the notice of appeal was prematurely filed and this court lacks jurisdiction. See NRAP 4(a)(6) SUPREME COURT OF NEVADA

01 1947A 4:490n ,76 -397V, ("A premature notice of appeal does not divest the district court of jurisdiction."). Accordingly, this court ORDERS this appeal DISMISSED.'

Parraguirre

J. Hardesty Cadish

cc: Hon. Bridget E. Robb, District Judge, Family Court Division Lora Corson Ezekiel Corson Washoe District Court Clerk

'Appellant may file a new notice of appeal, if deemed warranted, once the district court enters an order resolving the objection. SUPREME COURT OF NEVADA

(0) 1947A otaSelsi, 2