Stanton v. Stanton (Child Custody)

• Court: Nevada Supreme Court
• Decided: June 3, 2019
• Docket: 78617
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

DENNIS VINCENT STANTON, No. 78617 Appellant/Cross-Respondent, vs. TWYLA MARIE STANTON, FILED Respondent/Cross-Appellant. JUN 0 3 2019 ,

EL BROWN' CLE REWaCOURT

ORDER DISMISSING APPEALS BY DEPUTY CLERK

This is a pro se appeal and cross-appeal from a district court order granting a motion to set aside a decree of divorce, dismissing a joint petition for divorce, and awarding attorney fees. Review of the notice and amended notice of appeal reveals a jurisdictional defect. A tolling motion for reconsideration was timely filed in the district court on April 15, 2019. See AA Primo Builders, LLC v. Washington, 126 Nev. 578, 585, 245 P.3d 1190, 1195 (2010) (describing when a motion for reconsideration is treated as a motion filed under NRCP 59(e) carrying tolling effect); NRCP 59(e) (establishing the time to file a motion to alter or amend); NRAP 4(a)(4) (tolling motions). To date, it does not appear that the district court has entered any order resolving the tolling motion. Accordingly, this court lacks jurisdiction to consider these appeals, see NRAP 4(a)(6), (allowing this court to dismiss an appeal as premature where it is filed before entry of an order disposing of a timely tolling motion), and ORDERS these appeals DISMISSED.

Hardesty

J. Stiglich Silver SUPREME COURT OF NEVADA m-z7,240 (0) 1947A 4441*. cc: Hon. Robert W. Lane, District Judge Dennis Vincent Stanton Twyla Marie Stanton Nye County Clerk

SUPREME COURT OF NEVADA

(0) 1947A 2