SAMERI v. STATE (2023)

ORDER DISMISSING APPEAL

The district court's order, filed on January 19, 2023, was the second written order denying these pleadings. The district court previously entered a written order denying these pleadings on July 20, 2022, and Chaney appealed from that order. This court affirmed the district court's order on January 31, 2023, and the remittitur was issued on February 27, 2023. See Chaney, No. 85029-COA, 2023 WL 1437941.

The district court was without jurisdiction to issue its January 19, 2023, order because the subjects of that order were on appeal before this court and the remittitur had not yet issued. See Mack-Manley v. Manley, 122 Nev. 849, 855, 138 P.3d 525, 529-30 (2006) (stating “when an appeal is perfected, the district court is divested of jurisdiction to revisit issues that are pending before this court”); Buffington v. State, 110 Nev. 124, 126, 868 P.2d 644 (1994) (stating the district court “lacks jurisdiction over a case until the remittitur is issued”). Therefore, the January 19, 2023, order is void. Because Chaney has failed to identify an appealable order, this court lacks jurisdiction to consider this appeal. Accordingly, we

ORDER this appeal DISMISSED.