Doucettperry Vs. Doucettperry (Child Custody)

• Court: Nevada Supreme Court
• Decided: October 18, 2019
• Docket: 79667
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

JAMES W. DOUCETTPERRY, No. 79667 Appellant, vs. FILED MARIA ZERLINE DOUCETTPERRY, Respondent. OCT 1 8 2019

ORDER DISMISSING APPEAL

This is an appeal from findings of fact, conclusions of law, and decree of divorce. Second Judicial District Court, Washoe County; Linda M. Gardner, Judge. Review of the notice of appeal and documents before this court reveals a jurisdictional defect. The notice of appeal was prematurely filed after the timely filing of tolling motions for reconsideration and to amend, and before those motions were formally resolved. See NRAP 4(a)(6) (this court may dismiss an appeal as premature if it is filed prior to entry of a written order disposing of the last-remaining timely tolling motion); 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 accorded status under NRCP 59(e) and tolling effect under NRAP 4(a)(4)(C)). As this court lacks jurisdiction over a premature appeal, see NRAP 4(a)(6), this court ORDERS this appeal DISMISSED.

Hardesty

, J. J. Stiglich Silver cc: Chief Judge, The Second Judicial District Court Hon. Linda M. Gardner, Senior Judge James W. Doucettperry Holland & Hart LLP/Reno Washoe District Court Clerk

SUPREME COURT OF NEVADA

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