UNITED HEALTHCARE INSURANCE COMPANY UMR v. FREMONT EMERGENCY SERVICES MANDAVIA LTD (2022)

ORDER DISMISSING APPEAL

When initial review of the notice of appeal revealed a jurisdictional defect, this court ordered appellants to show cause why this appeal should not be dismissed for lack of jurisdiction. In particular, it appeared that the notice of appeal was prematurely filed in the district court after the filing of timely tolling motions but before those motions were formally resolved in a written order entered by the district court. See NRAP 4(a)(6). In response, appellants explain that the district court has entered an order resolving the motion for relief under NRCP 59(e), but has yet to resolve the motions seeking relief under NRCP 50(b) and NRCP 59(a). Appellants have also filed an amended notice of appeal challenging the denial of the motion seeking NRCP 59(e) relief, and orders awarding attorney fees and costs.

Appellants do not dispute that the notice of appeal was prematurely filed after the timely filing of tolling motions and before those motions were resolved in a written order entered by the district court. See NRAP 4(a)(4); NRAP 4(a)(6). And appellants concede that two of those motions remain pending in the district court. This court therefore lacks jurisdiction to consider the appeal from the judgment on jury verdict. See NRAP 4(a)(6) (“A premature notice of appeal does not divest the district court of jurisdiction.”). For the same reason, this court lacks jurisdiction to consider the appeal from the orders awarding attorney fees and costs identified in the amended notice of appeal. See Winston Prods. Co. v. DeBoer, 122 Nev. 517, 526, 314 P.3d 726, 732 (2006) (holding that timely filed tolling motions toll the time to appeal from both the final judgment and special orders after final judgment). Accordingly, this court

ORDERS this appeal DISMISSED.¹

FOOTNOTES

1.   The Honorable Mark Gibbons, Senior Justice, participated in this matter under a general order of assignment.