Saticoy Bay LLC Ser. 6915 Silver State v. Wells Fargo Bank, N.A.

• Court: Nevada Supreme Court
• Decided: September 5, 2017
• Docket: 73300
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

SATICOY BAY LLC SERIES 6915 No. 73300 SILVER STATE, Appellant, vs. WELLS FARGO BANK, N.A., FILED Respondent. SEP 0 5 2017 EUZABETH A BROWN CLERK, §UPREME COURT BY .5 • DEPUTY

ORDER DISMISSING APPEAL This is an appeal from a district court judgment, certified as final pursuant to NRCP 54(b). Eighth Judicial District Court, Clark County; Kathleen E. Delaney, Judge. On June 13, 2017, appellant filed a notice of appeal from a district court order, certified as final pursuant to NRCP 54(b). The order appealed from was filed in the district court on August 23, 2016, and notice of entry of the order was served electronically on counsel for appellant on the same date. Because the notice of appeal was filed well after the 30-day period for filing appeals had passed, see NRAP 4(a)(1), it appears that this court lacks jurisdiction over this appeal. See Zugel v. Miller, 99 Nev. 100, 101, 659 P.2d 296, 297 (1983) ("Filing a timely notice of appeal is jurisdictional and an untimely appeal may not be considered."). Further, respondent has filed a motion to dismiss this appeal, based on its argument that the notice of appeal was untimely filed. Appellant has not opposed the motion. We conclude that this failure to oppose constitutes an admission that the motion is meritorious. See Foster

SUPREME COURT OF NEVADA

(0) 1947A 17-a q 5 80 v. Dingwall, 126 Nev. 56, 66, 227 P.3d 1042, 1049 (2010). Accordingly, we grant respondent's motion and ORDER this appeal DISMISSED.

Cksza. , C.J. Cherry

.esin ,J. Hardesty Stiglich

cc: Hon. Kathleen E. Delaney, District Judge Law Offices of Michael F. Bohn, Ltd. Snell & Wilmer LLP/Las Vegas Eighth District Court Clerk

(0) 1947A 4e40 2