Rusch v. The Martin Condo. Unit Owners' Ass'N

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

WESLEY RUSCH, AN INDIVIDUAL, No. 85108 Appellant,

vs, FILED

THE MARTIN CONDOMINIUM UNIT

OWNERS' ASSOCIATION, DOMESTIC AUG 08 2022 NON-PROFIT, cLIZABETHA Resp ondent. CLERK OF SUPREME COURT

BY DEPUTY CLERK

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order dismissing a complaint. Eighth Judicial District Court, Clark County; Nancy L. Allf, Judge.

Review of the notice of appeal and documents before this court reveals a jurisdictional defect. The notice of appeal was prematurely filed in the district court after the filing of a timely tolling motion for reconsideration but before that motion was resolved by the district court in a written order. See NRAP 4(a)(4) (regarding tolling motions); AA Primo Builders LLC v. Washington, 126 Nev. 578, 585, 245 P.3d 1190, 1195 (2010) (describing when a post-judgment motion carries tolling effect). To date, it appears that motion remains pending in the district court. This court lack

jurisdiction over a premature notice of appeal. NRAP 4(a)(6). Accordingly,

this court ORDERS this appeal DISMISSED. 5 Luor J. ° Silver J. Jd. Cadish Pickering

SupREME CouRT OF NEVADA

(OQ) (947A ABR a a cc: Hon. Nancy L. Allf, District Judge Wesley Rusch Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas Eighth District Court Clerk

SuPREME COURT OF NEVADA

(0) 1947A 2B 2