ARRY KALOUSTIAN v. EDITH MONTANO (2024)

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order in a custody matter. Eighth Judicial District Court, Family Division, Clark County; T. Arthur Ritchie, Jr., Judge.

Review of the notice of appeal and documents before this court reveals a jurisdictional defect. The notice of appeal was prematurely filed in the district court after the filing of a timely tolling motion seeking reconsideration of the challenged order, 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), but prior to entry of a written order finally resolving that motion. To date, it appears the motion remains pending in the district court. This court lacks jurisdiction over a premature notice of appeal. NRAP 4(a)(6) (“A premature notice of appeal does not divest the district court of jurisdiction.”). Accordingly, we

ORDER this appeal DISMISSED.¹

Herndon, J.

Lee, J.

Bell, J.

FOOTNOTES

1.   Appellant may file a new notice of appeal once the district court enters a written order finally resolving the motion for reconsideration.