NONA TOBIN v. RED ROCK FINANCIAL SERVICES (2024)

ORDER DISMISSING APPEAL

This is an appeal from a final order and several interlocutory orders. Eighth Judicial District Court, Clark County; Jessica K. Peterson, Judge.

Initial review of the documents before this court reveals a jurisdictional defect. It appears that the notice of appeal was prematurely filed after the timely filing of a tolling motion to alter or amend judgment but before the tolling motion was formally resolved.¹ See NRAP 4(a)(4), (6). To date, it appears that the motion to alter or amend remains pending in the district court. Accordingly, this appeal is premature and we dismiss this appeal for lack of jurisdiction. This court is confident that the district court will enter a written order resolving the motion to alter or amend as expeditiously as its docket will permit.

It is so ORDERED.²

Herndon, J.

Lee, J.

Bell, J.

FOOTNOTES

1.   Appellant filed a motion “[p]ursuant to NRCP 52(a)(5) and NRCP 60(b)(3)(4)(d)(3) Motion to Amend Final Order” on April 30, 2024. The Notice of Appeal was filed on May 8, 2024.

2.   Given this dismissal, this court takes no action in regard to the documents filed by appellant on June 5, 2024.