Monsef v. Canyon Willow Pecos Owners' Ass'N

• Court: Nevada Supreme Court
• Decided: November 17, 2022
• Docket: 85543
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

STANLEY MONSEF, AN INDIVIDUAL, No. 85543 Appellant, vs. FIL CANYON WILLOW PECOS OWNERS' ASSOCIATION, A NEVADA NON- NOV 1 7 2022 PROFIT CORPORATION, E OWN CLERi Su ZURT Res • ondent. DEPUPir 'LERK

ORDER DISMISSING APPEAL This is a pro se appeal from an order regarding attorney fees and costs. Eighth Judicial District Court, Clark County; Mark R. Denton, Judge. Review of the documents submitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, the notice of appeal was prematurely filed under NRAP 4(a) because it appears it was filed after the timely filing of a tolling motion under NRAP 4(a)(4) and before the tolling motion was formally resolved. A timely tolling motion terminates the 30-day appeal period, and a notice of appeal is of no effect if it is filed after such a tolling motion is filed, and before the district court enters a written order finally resolving the motion. See AA Primo Builders v. Washington, 126 Nev. 578, 245 P.3d 1190 (2010); NRAP 4(a)(4). This court lacks jurisdiction, and ORDERS this appeal DISMISSED.

Hardesty

AaeLe4.4 J. ,J. Stiglich Herndon SUPREME COURT OF NEVADA

(0) I947A aze4s> 22,- apt cc: Hon. Mark R. Denton, District Judge Stanley Monsef Marquis Aurbach Chtd. Eighth District Court Clerk

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