SHARE AS TRUSTEE OF DAVID SHARE REVOCABLE LIVING TRUST v. REPUBLIC SERVICES INC (2019)

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court judgment and award of attorney fees and costs. Eighth Judicial District Court, Clark County; Richard Scotti, Judge.

Review of the documents before this court reveals a jurisdictional defect. Specifically, a tolling motion was filed in district court prior to the filing of appellant's notice of appeal. See AA Primo Builders, LLC v. Washington, 126 Nev. 578, 584-85, 245 P.3d 1190, 1192-93 (2010). As that motion has not been resolved by the district court, appellant's notice of appeal is premature, and it fails to confer jurisdiction on this court. See NRAP 4(a)(6); Rust v. Clark Cty. Sch. Dist., 103 Nev. 686, 689, 747 P.2d 1380, 1382 (1987) (explaining that the district court's oral pronouncement from the bench, the clerk's minute order, and even an unfiled written order are ineffective for any purpose). Accordingly, this appeal is dismissed. Once a written order resolving the tolling motion is entered, any aggrieved party may file a timely notice of appeal. See NRAP 4(a)(4).

It is so ORDERED.