King Vs. King (Child Custody)

478 P.3d 400

• Court: Nevada Supreme Court
• Decided: January 8, 2021
• Docket: 82120
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

CHERYL MARIE KING, No. 82120 Appellant, vs. JOSHUA RYAN LITTLE BEAR KING, Respondent.

FILED JAN 08 2021 ELIZABETH A. BROWN CLERK OF SUPREME COURT

BY S• DEP CLERK

ORDER DISMISSING APPEAL

This is an appeal from a judgment in a child custody matter. Eighth Judicial District Court, Family Court Division, Clark County; Rebecca Burton, Judge. Our review of the documents submitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, the notice of appeal appears to have been prematurely filed under NRAP 4(a) because there is a pending motion to reconsider in the district court. This court may dismiss as premature a notice of appeal filed before entry of the written disposition of the last remaining timely motion listed in NRAP 4(a)(4). See AA Primo Builders, LLC u. Washington, 126 Nev. 578, 585, 245 P.3d 1190, 1195 (2010) (explaining when a motion for reconsideration has tolling effect

SUPREME COURT OF NEVADA

(0) 1947/, 21-00537 • L•• under NRAP 4(a)(4)(C)); NRAP 4(a)(6). We conclude that this court lacks jurisdiction over this appeal and accordingly we ORDER this appeal DISMISSED.1

J. Cadish

J.

J. Herndon

cc: Hon. Rebecca Burton, District Judge, Family Court Division Cheryl Marie King Kelleher & Kelleher, LLC Eighth District Court Clerk

'Counsel for respondent has filed a motion to withdraw, as the law firm of Kelleher & Kelleher, LLC and attorney John T. Kelleher were never retained as counsel. The motion is granted.