ADAMS v. HERRLING (2018)

ORDER DISMISSING APPEAL

This is an appeal from a decree of custody. Eighth Judicial District Court, Clark County; Gerald W. Hardcastle, Judge; Eighth Judicial District Court, Family Court Division, Clark County; Jennifer Elliott, Judge.

Our review of the documents before this court reveals a jurisdictional defect. The notice of appeal was filed after the tiling of a timely tolling motion for a new trial but before that motion was formally resolved. See NRAP 4(a)(4)(D). Although the district court's September 5, 2018, order awards attorney fees related to the motion for a new trial, the order does not grant or deny the motion. It thus appears that the motion for new trial remains pending in the district court and this appeal is premature. See NRAP 4(a)(6). Accordingly, we conclude that we lack jurisdiction, see id. (“A premature notice of appeal des not divest the district court of jurisdiction.”), and we

ORDER this appeal DISMISSED.