STEPHANIE PRIEST INDIVIDUALLY AND AS THE SPECIAL ADMINISTRATOR OF THE ESTATE OF JOSEPHINE HOLWICK v. EMPRES HEALTHCARE MANAGEMENT LLC WASHINGTON LIMITED LIABILITY COMPANY PAHRUMP HEALTH AND REHABILITATION PAHRUMP HEALTHCARE LLC NEVADA LIMITED LIABILITY COMPANY AND JANIE HEFNER LPN (2024)

ORDER ADMINISTRATIVELY CLOSING APPEAL AND REGARDING MOTIONS

Docket No. 86798 is an appeal from a district court order granting a motion to dismiss and from the notice of entry of the order granting the motion to dismiss. Docket No. 87736 is an appeal from the same district court order and notice of entry of order, as well as a district court order denying a motion for reconsideration and the notice of entry of the order denying the motion for reconsideration.

Upon further review, this court concludes the appeal in Docket No. 87736 was improperly docketed as a new matter. Appellants timely filed a tolling motion seeking reconsideration of the order granting the motion to dismiss. See NRAP 4(a)(4) (regarding tolling motions); AA Primo Builders LLC v. Washington, 126 Nev. 578, 585, 245 P.3d 1190, 1195 (2010) (describing when a post-judgment motion carries tolling effect). The notice of appeal in Docket No. 86798 was prematurely filed before the tolling motion was formally resolved by the district court. See NRAP 4(a)(6). Appellants filed the amended notice of appeal once the district court entered a written order finally resolving the tolling motion. Under these circumstances, the amended notice of appeal should have been filed in Docket No. 86798 and no additional filing fee was required.

Accordingly, the clerk shall administratively close the appeal in Docket No. 87736 and transfer the documents in that appeal to Docket No. 86798. The clerk shall refund the filing fee paid in Docket No. 87736.

Appellants shall have 30 days from the date of this order to file and serve the opening brief and appendix in Docket No. 86798. Failure to timely file the opening brief and appendix may result in the imposition of sanctions, including the dismissal of the appeal. NRAP 31(d). Appellants’ motions to consolidate these appeals are denied as moot.

It is so ORDERED.