ALAN LEVIN AN INDIVIDUAL v. GARY THOMSEN INDIVIDUALLY AND AS TRUSTEE OF THE THOMSEN FAMILY TRUST (2023)

ORDER DISMISSING APPEAL

This is an appeal from a district court order in a trespass action. Second Judicial District Court, Washoe County; Connie J. Steinheimer, Judge.

Appellant filed a document in the district court titled “Notice of Reinstatement of Appeal to the Supreme Court from an Order of a District Court.” Therein, appellant states that he appeals from a judgment entered on December 9, 2022. Appellant's document was transmitted to this court, treated as a notice of appeal, and assigned Docket No. 87068.

Review of this court's records reveals that appellant previously filed a notice of appeal from the district court's December 9, 2022, judgment. That appeal was docketed in this court on December 19, 2022, and assigned Docket No. 85840. On April 3, 2023, this court dismissed the appeal in Docket No. 85840 due to application of the automatic bankruptcy stay. See 11 U.S.C. § 362(a)(1) (2010). The dismissal was without prejudice to appellant's right to move for reinstatement of the appeal within 60 days of either the lifting of the bankruptcy stay or final resolution of the bankruptcy proceedings, if appellant deemed such a motion appropriate at that time.

Appellant may not prosecute two appeals from the same district court order. Therefore, this appeal is dismissed. To the extent appellant seeks to reinstate the appeal in Docket No. 85840, appellant may file a motion in that case in accordance with this court's April 3, 2023, order, if deemed warranted.

It is so ORDERED.

Cadish, J.

Pickering, J.

Bell, J.