Lucido v. Biava (Child Custody)

• Court: Nevada Supreme Court
• Decided: April 30, 2018
• Docket: 75490
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

DESIREE 'LEVI-DO, No. 75490 Appellant, vs. BRETT NAVA, Respondent. FILED APR 3 0 2018 ELIZABETH A. BROWN CLERK Qf SUPREME COUPS BY ' DEPUTY CLERK

ORDER _DISMISSING APPEAL This is a pro se appeal from a district court order denying a post- judgment motion for an order to show cause for sanctions, for change of custody, arid for attorney fees in a child custody matter. Eighth Judicial District Court, Family Court Division, Clark County; Cynthia Dianne Steel, Judge. Our initial review of the documents before this court reveals a jurisdictional defect. It appears the notice of appeal was prematurely filed. See NRAP 4(a)(6). It appears that appellant timely filed a motion for reconsideration of the challenged order on February 27, 2018. See AA Primo Builders, LLC u. Washington, 126 Nev. 578, 585, 245 P.3d 1190, 1194-95 (2010) (explaining- when a motion for reconsideration has a tolling effect under NRAP 4(a)(4)(C)). The notice of appeal was filed on March 26, 2018, before the tolling motion was resolved by the district court. To date,. it

SUPREME COURT OF NEVADA

(0) 1947A e t goz e4 Ti appears that the tolling motion remains pending below. This court may dismiss a premature appeal. See NRAP 4(a)(6). Accordingly, we ORDER this appeal DISMISSED

snacVID§w Gi bbors Hardesty

cc: Hon. Cynthia Dianne Steel, District Judge, Family Court Division Desiree Lucido Brett Biava Eighth District Court Clerk

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