Lisner v. Maguire (Child Custody)

• Court: Nevada Supreme Court
• Decided: November 23, 2016
• Docket: 71617
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

GREGG PHILLIP LISNER,

vs. Appellant, No 7161 h LED MICHELLE LEANNE MAGUIRE, NOV 2 3 2016 Respondent. : A.

glittee ORDER DISMISSING APPEAL CH

This is a pro se appeal from findings of fact and coonncclluins of law establishing child custody and support. 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 be untimely filed under NRAP 4(a) because it appears that it was filed more than thirty days after service of written notice of entry of the order appealed from See NRAP 4(a)(1); NRAP 26(c). Written notice of entry of the order appealed from was served on appellant by mail on September 16, 2016. Accordingly, the notice of appeal was due to be filed by October 20, 2016. NRAP 26(a); Winston Products Co. v. DeBoer, 122 Nev. 517, 134 P.3d 726 (2006). Appellant filed the notice of appeal on October 25, 2016, 5 days after the expiration of the 30-day period. Because the notice of appeal was untimely filed, see Zugel v. Miller, 99 Nev. 100, 659 P.2d 296 (1983), we conclude that we lack jurisdiction and we ORDER this appeal DISMISSED.

Parraguirre

ria_42\ ,J . , J. Hardesty " Pickering SUPREME COURT OF NEVADA

(0) I907A AtIio IL° cc: Hon. Jennifer Elliott, District Judge, Family Court Division Gregg Phillip Lisner Michelle Leanne Maguire Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 (0) 19474 ceo