Silver Vs. Towner

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

FREDERICK OMOYUMA SILVER, No. 81247 Appellant,

vs.

CANDICE KATIE TOWNER, FILED

Respondent. .Itk 01 2020 ELI A. BROWN

ORDER DISMISSING APPEAL CLERK BY f

OE CLERK

This is a pro se appeal fi-om a district couliorder denying appellant's "Motion to Set Aside Order, Judgment and/or Default." Eighth Judicial District Court, Family Court Division, Clark County; T. Arthur Ritchie, Jr., Judge.

Review of the notice of appeal and documents before this court reveals a jurisdictional defect. It appears that appellant prematurely filed the notice of appeal after he filed a timely tolling motion but before that motion was formally resolved by the district court. 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 the tolling motion remains pending in the district court. "A premature notice of appeal does not divest the district court of jurisdiction." NRAP 4(a)(6). Accordingly, it appears that this court lacks jurisdiction, and this court ORDERS this appeal DISMISSED.

Gibbons

o

,A1A.tat..0 J. , J.

Stiglich Silver

20-7,1-Pol

idat • ,2;

cc: Hon. T. Arthur Ritchie, Jr., District Judge, Family Court Division Frederick Omoyuma Silver McFarling Law Group Eighth District Court Clerk

SUPREME COURT OF NEVADA

(01. 1947A 4411101D 2 •