Silver Vs. Wolfson

• Court: Nevada Supreme Court
• Decided: November 5, 2021
• Docket: 83537
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

FREDERICK OMOYUMA SILVER, No. 83537 Appellant, vs. STEVEN B. WOLFSON DA CLARK COUNTY FAMILY CHILD SUPPORT DIVISION; JANE D. FEMIANO HEARING MASTER/MAGISTRATE DA CLARK COUNTY FAMILY CHILD SUPPORT DIVISION; THE STATE OF NEVADA DEPARTMENT OF HEALTH NOV 0 5 2021 AND HUMAN SERVICES; AND ELIZABETH A. BROWN NEVADA ATTORNEY GENERAL CLERK OF ..4PRE11.4E COURT

AARON D. FORD, OFFICE OF THE DEPUTY CLERK

ATTORNEY GENERAL; SUMMERLIN HOSPITAL MEDICAL CENTER, LLC; JEFFREY J. WITTHUN; VERONICA GOMEZ; AND AARON BAILEY, Res • ondents.

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order that appears to deny a motion for relief under NRCP 60(b). Eighth Judicial District Court, Clark County; Jessica K. Peterson, Judge. Review of the notice of appeal and other 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 (entitled "Objection to Order Signed by Jessica K. Peterson on 9/14/21), 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 is treated as a motion pursuant to NRCP 59(e) carrying tolling effect); Lytle v. Rosemere Estates Prop. Owners, 129 Nev. 923, 314 SUPREME COURT OF NEVADA

(0) 1947A .41P9. P.3d 946 (2013) (a motion to alter or amend an appealable order generally tolls the time to file an appeal from that order), but before that motion was resolved in the district court. To date, it appears the motion remains pending in the district court. This court lacks jurisdiction over a premature notice of appeal, NRAP 4(a)(6) ("A premature notice of appeal does not divest the district court of jurisdiction."), and therefore ORDERS this appeal DISMISSED.'

Cadish

,J Pickering Herndon

cc: Hon. Jessica K. Peterson, District Judge Frederick Omoyuma Silver Wilson, Elser, Moskowitz, Edelman & Dicker, LLP/Las Vegas Clark County District Attorney Eighth District Court Clerk

"This court takes no further action on the document filed by appellant on October 7, 2021, and no action on the document filed on October 15, 2021. SUPREME COURT OF

NEVADA

(0) 1947A