Share v. Republic Servs., Inc.

• Court: Nevada Supreme Court
• Decided: June 21, 2019
• Docket: 78571
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

DAVID SHARE, AS TRUSTEE OF THE No. 78571 DAVID SHARE REVOCABLE LIVING TRUST, Appellant, vs. REPUBLIC SERVICES, INC., A FILED FOREIGN CORPORATION, Res a ondent. JUN 2 1 2019 ELIZABE11-1 A. BROWN CLERK OF SUPREME COURT By DEPUTY CLERK r

ORDER DISMISSING APPEAL This is a pro se appeal from a district court judgment and award of attorney fees and costs. Eighth Judicial District Court, Clark County; Richard Scotti, Judge. Review of the documents before this court reveals a jurisdictional defect. Specifically, a tolling motion was filed in district court prior to the filing of appellant's notice of appeal. See AA Primo Builders, LLC v. Washington, 126 Nev. 578, 584-85, 245 P.3d 1190, 1192-93 (2010). As that motion has not been resolved by the district court, appellant's notice of appeal is premature, and it fails to confer jurisdiction on this court. See NRAP 4(a)(6); Rust v. Clark Cty. Sch. Dist., 103 Nev. 686, 689, 747 P.2d 1380, 1382 (1987) (explaining that the district court's oral pronouncement from the bench, the clerk's minute order, and even an unfiled written order are ineffective for any purpose). Accordingly, this appeal is dismissed. Once a written order resolving the tolling motion is entered, any aggrieved party may file a timely notice of appeaL See NRAP 4(a)(4). It is so ORDERED.

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Hardesty 1 . ) A'A.sbaug 1/4. 444.44 , J. Stiglich Silver

cc: Hon. Richard Scotti, District Judge David Share Williams Starbuck Eighth District Court Clerk

SUPREME COURT OF NEVADA

(0) I947A 410i. 2