Prosperity v. Combs

• Court: Nevada Supreme Court
• Decided: August 4, 2022
• Docket: 84907
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

SERENITY PROSPERITY, No. 84907 INDIVIDUALLY, Appellant, vs. r4 LED JAMIE COMBS, INDIVIDUALLY, Res s ondent. AUG Û Lt 2022 ELIZA:3E 1 A. SP:OWN OF " COURT

CLE.RK

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order dismissing appellant's amended complaint. Eighth Judicial District Court, Clark

County; Jerry A. Wiese, Judge. Review of the notice of appeal and documents before this court reveals a jurisdictional defect. It appears the notice of appeal was untimely filed. Notice of entry of the challenged order was served on appellant's counsel on February 2, 2022. However, appellant did not file the notice of appeal in the district court until June 17, 2022, well after expiration of the 30-day appeal period. See NRAP 4(a)(1). This court

lacks jurisdiction to consider an untimely notice of appeal.1 Healy v.

Volkswagenwerk Aktienge.sellschaft, 103 Nev. 329, 741 P.2d 432 (1987) (an

lIt appears from the district court docket sheet that appellant moved the district court for an extension of time to file the notice of appeal. However, the district court lacks authority to extend the time to file a notice of appeal. Walker v. Scully, 99 Nev. 45, 46, 657 P.2d 94, 94 (1983).

SUPREME COURT OF NEVADA

2 untimely notice of appeal fails to vest jurisdiction in this court). Accordingly, this court lacks jurisdiction and ORDERS this appeal DISMISSED.

, J. Hardesty

R•14c.i--0 Herndon Stiglich

cc: Hon. Jerry A. Wiese, District Judge Serenity Prosperity Dennett Winspear, LLP Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 rU 1947A