Newmyer Vs. Premier One Holdings, Inc.

448 P.3d 1124

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

EDWARD A. NEWMYER, AN No. 79594 INDIVIDUAL,

Appellant,

vs.

PREMIER ONE HOLDINGS, INC., A FILED NEVADA CORPORATION; MRT ASSETS, LLC, A NEVADA LIMITED- SEP 2 1 2(119 LIABILITY COMPANY; RONE CHANG, BROWN CLERK REME COURT

AN INDIVIDUAL; MICHAEL H. RING, BY

AN INDIVIDUAL; AND CALVIN FUNG, DEPUTY CLERK

AN INDIVIDUAL,

Res • ondents.

ORDER DISMISSING APPEAL

This is a pro se appeal from a findings of fact, conclusions of law, and dismissal with prejudice. Eighth Judicial District Court, Clark County; Elizabeth Goff Gonzalez, Judge.

Review of the documents submitted to this court pursuant to NR.AP 3(g) reveals a jurisdictional defect. Specifically, the notice of appeal appears to be prematurely filed under NRAP 4(a) because it was filed after the timely filing of a tolling motion under NRAP 4(a)(4) and before the tolling motion has been formally resolved. Appellant filed a timely motion for reconsideration and the court has set the motion for hearing. 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

SUPREME COUFtT OF NEVADA

0) 1447A .4W

F

district court enters a written order finally resolving the motion. See NRAP 4(a)(4). This court lacks jurisdiction and ORDERS this appeal DISMISSED.

J.

J.

Parraguirre

J.

Cadish

cc: Hon. Elizabeth Goff Gonzalez, District Judge Edward A. Newmyer Morris Law Center Eighth District Court Clerk

SUPREME COURT OF W.VA0A

(0) 1547A .4110.