Yellow Express, LLC v. M&M Tow & Transp., LLC

• Court: Nevada Supreme Court
• Decided: June 3, 2016
• Docket: 70293
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

YELLOW EXPRESS, LLC; AND No. 70293 YELLOW LOGISTICS, LLC, Appellants, VS. M&M TOW & TRANSPORT, LLC; FILED SUPERIOR TOW & TRANSPORT, LLC; JUN 0 3 2016 AND MARK DINGLEY, Respondents.

ORDER DISMISSING APPEAL This is an appeal from an order granting judgment as a matter of law in a business dispute. Second Judicial District Court, Washoe County; Elliott A. Sattler, Judge. The notice of appeal was filed without payment of the filing fee. That same day, this court issued a notice to appellants that no action would be taken on this appeal until the filing fee was paid. To date, appellants have not paid the filing fee or otherwise responded to this court's notice. In addition, we note that the notice of appeal was filed by non- attorneys Randeep Singh and Sukhjinder Kaur. A corporation may not appear in pro se or be represented by a non-attorney. See State v. SW' 's Bail Bonds, 115 Nev. 436, 436 n.1, 991 P.2d 469, 470 n.1 (1999) (noting that "business entities are not permitted to appear, or file documents, in proper person"); Salman v. Newell, 110 Nev. 1333, 1336, 885 P.2d 607, 608 (1994) (observing that no statute or rule permits a non-lawyer to represent an entity and concluding that an entity cannot proceed in proper person). Finally, respondents have filed a motion to dismiss the appeal on the ground that the notice of appeal was untimely filed. No opposition

SUPREME COURT OF NEVADA

(0) 15)17A has been filed. The district court entered its order on March 23, 2016. Respondents served written notice of entry on appellants by electronic service, and provide a return of electronic filing indicating that counsel for appellants received the notice of entry on March 23, 2016. Accordingly, the notice of appeal was due by April 22, 2016. See NRAP 4(a)(1); NRAP 26(c). The notice of appeal was filed in the district court on April 27, 2016, five days after the 30-day deadline. Accordingly, we conclude the notice of appeal was untimely filed and we lack jurisdiction over this appeal. Respondents' motion to dismiss is granted, and we ORDER this appeal DISMISSED.

/ vera.At Hardesty

J.

Pickering

cc: Hon. Elliott A. Sattler, District Judge Darby Law Practice, Ltd. Luke A. Busby Edmund J. Gorman Randeep Singh Sukhjinder Kaur Washoe District Court Clerk SUPREME COURT OF NEVADA

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