Rogoff v. Johnson

• Court: Nevada Supreme Court
• Decided: November 29, 2017
• Docket: 74179
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

MARLENE ROGOFF, No. 74179 Appellant, vs. MARTIN RONALD JOHNSON, Respondent. HUE NOV 2 9 2017 ETI-I P.A3ROWN

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order granting a motion to set aside a default judgment. Eighth Judicial District Court, Clark County; David M. Jones, Judge. Our review of the documents submitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. It appears that the notice of appeal was untimely filed more than thirty days after service of written notice of entry of the judgment or order. See NRAP 4(a)(1); NRAP 26(c). Written notice of the court's order setting aside the default judgment was served on June 7, 2017. Appellant's notice of appeal was therefore due to be filed on or before July 10, 2017, unless appellant filed a timely tolling motion. See NRAP 4(a)(4). Appellant filed motions to amend the challenged order on September 22, 2017, well after the 10 days allowed for filing such a motion. See NRCP 52(b), 59. While a timely-filed motion to amend will toll the time to appeal, an untimely motion to amend does not toll the time to appeal. See NRAP 4(a)(4); Morrell v. Edwards, 98 Nev. 91, 93, 640 P.2d SUPREME COURT OF NEVADA

(M 194Th 1322, 1324 (1982). Appellant's notice of appeal was not filed in the district court until October 2, 2017. Therefore, appellant's notice of appeal was untimely filed. We conclude that we lack jurisdiction, and we ORDER this appeal DISMISSED.

J. Douglas

Pickering e Wait , J.

cc: Hon. David M. Jones, District Judge Marlene Rogoff Kolesar & Leatham, Chtd. Eighth District Court Clerk

SUPREME COURT OF NEVADA

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