Torres Vs. Torres

• Court: Nevada Supreme Court
• Decided: November 23, 2021
• Docket: 83677
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

CESAR IVAN TORRES, No. 83677 Appellant, vs. MARIA DE JESUS TORRES, FILE Respondent. NOV 2 3 2021

IEF DEPUTY CLERK ORDER DISMISSING APPEAL

This is a pro se appeal from a district court decree of divorce and an order awarding attorney fees and costs. Eighth Judicial District Court, Family Court Division, Clark County; Dedree Butler, Judge. Review of the notice of appeal and documents before this court reveals a jurisdictional defect. The notice of appeal was prematurely filed in the district court after appellant timely filed a tolling motion1 seeking a substantive amendment to the orders challenged in this appeal but prior to entry of a written order formally resolving that motion. 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 motion remains pending in the district court. This court lacks jurisdiction to consider a preniaturely filed notice of appeal. NRAP 4(a)(6) ("A premature notice of

'The motion is titled an "objection."

SUPREME COURT OF NEVADA

(OF 1q47A oglr,* appeal does not divest the district court of jurisdiction."). Accordingly, this court ORDERS this appeal DISMISSED.2

Parraguirre

J. J. Stiglich Silver

cc: Hon. Dedree Butler, District Judge, Family Court Division Cesar Ivan Torres Jennifer Gastelum Law PLLC Eighth District Court Clerk

Appellant may file a new notice of appeal once the district court 2

enters a written order formally resolving the motion. SUPREME COURT OF NEVADA

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