West v. West, Jr. (Child Custody)

• Court: Nevada Supreme Court
• Decided: May 5, 2022
• Docket: 84543
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

JACQUELINE WEST, No. 84543 Appellant, vs. LARRY WEST, JR., Respondent. FILE .. MAY 0 5 2022 A. gRovi UPREME COM:1"

CUM

ORDER DISMISSING APPEAL

This is a pro se appeal from an order denying a motion to set aside the divorce decree. Eighth Judicial District Court, Clark County; Vincent Ochoa, Judge. Review of the documents submitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, the notice of appeal appears to be untimely filed under NRAP 4(a) because it appears that it was filed after the timely filing of a tolling motion under NRAP 4(a)(4) and . - before the tolling motion was formally resolved. The district court docket-- entries reflect that appellant filed a timely motion for reconsideration on March 24, 2022. See AA Primo Builders v. Washington, 126 Nev. 578, 245 P.3d 1190 (2010) (a motion for reconsideration may be considered a tolling motion to alter or amend). The motion has not yet been resolved. A timely tolling motion 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, and before the

2. 2.- 14 3 district court enters a written order finally resolving the motion. See NRAP 4(a)(4). This court lacks jurisdiction and therefore ORDERS this appeal DISMISSED.

Hardesty

Ariesy.«,...0 , J. Stiglich

Air&

(Army 1 J. Herndon

cc: Hon. Vincent Ochoa, District Judge Jacqueline West Larry West, Jr. Eighth District Court Clerk