Van Kirk Vs. Clark Cty.

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

ROBERT VAN KIRK, AN INDIVIDUAL, No. 82213 Appellant,

vs.

CLARK COUNTY; AND CLARK COUNTY DEPARTMENT OF ADMINISTRATIVE SERVICES, CODE FILED ENFORCEMENT UNIT, PUBLIC

APR 0 8 2021

RESPONSE OFFICE,

ELIZABETH A. BROWN

Res s ondents. CLERK Cg: 7PREME COURT •

BY

DEPUT9Cltal

ORDER DISMISSING APPEAL

This is an appeal from an order granting in part and denying in part a petition for judicial review. Eighth Judicial District Court, Clark County; Kenneth C. Cory, Judge.

The parties have filed a stipulation to stay the appellate proceedings while the district court resolves a motion for reconsideration that appellant filed before filing the notice of appeal. However, it appears that this court lacks jurisdiction over this appeal. NRAP 4(a)(2). A timely tolling motion such as a motion for reconsideration terminates the 30-day appeal period, and a notice of appeal is of no effect if it is filed after such a tolling motion is filed but before the district court enters a written order finally resolving the motion. See NRAP 4(a)(2); AA Primo Builders, LLC v. Washington, 126 Nev. 578, 585, 245 P.3d 1190, 1195 (2010) (recognizing that a timely-filed post judgrnent motion for reconsideration that seeks a substantive change to the challenged order qualifies as a tolling motion under NRCP 59(e) and NRAP 4(a)(4)). Once the district court has resolved

SUPREME COURT OF NEVADA

(() i947A eget.

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the motion for reconsideration, any aggrieved party may file a new notice of appeal. At this point, however, this court lacks jurisdiction and ORDERS this appeal DISMISSED.'

J.

-C243144".1krea.".7. Parraguirre

j.

Stiglich

1 /.4 .1L'64.,2A) J.

Silver

cc: Chief Judge, Eighth Judicial District Court Eighth Judicial District Court, Department 1 Janet Trost, Settlement Judge Wiley Petersen Clark County District Attorney/Civil Division Eighth District Court Clerk

'This court takes no action in regard to the stipulation to stay these proceedings.

SUPREME COURT OF NEVADA

(0) 1947A 4915c4 2