LUCIDO v. BIAVA (2018)

Supreme Court of Nevada.

Desiree LUCIDO, Appellant, v. Brett BIAVA, Respondent.

No. 75490

Decided: April 30, 2018

Desiree Lucido Brett Biava

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order denying a post-judgment motion for an order to show cause for sanctions, for change of custody, and for attorney fees in a child custody matter. Eighth Judicial District Court, Family Court Division, Clark County; Cynthia Dianne Steel, Judge.

Our initial, review of the documents before this court reveals a jurisdictional defect. It appears the notice of appeal was prematurely filed. See NRAP 4(a)(6). It appears that appellant timely filed a motion for reconsideration of the challenged order on February 27, 2018. See AA Primo Builders, LLC v. Washington, 126 Nev. 578, 585, 245 P.3d 1190, 1194-95 (2010) (explaining when a motion for reconsideration has a tolling effect under NRAP 4(a)(4)(C) ). The notice of appeal, was filed on March 26, 2018, before the tolling motion was resolved by the district court. To date, it appears that the tolling motion remains pending below. This court may dismiss a premature appeal. See NRAP 4(a)(6). Accordingly, we

ORDER this appeal DISMISSED.

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