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Edward A. NEWMYER, an Individual, Appellant, v. PREMIER ONE HOLDINGS, INC., a Nevada Corporation; MRT Assets, LLC, a Nevada Limited-Liability Company; Rone Chang, an Individual; Michael H. Ring, an Individual; and Calvin Fung, an Individual, Respondents.
ORDER DISMISSING APPEAL
This is a pro se appeal from a findings of fact, conclusions of law, and dismissal with prejudice. Eighth Judicial District Court, Clark County; Elizabeth Goff Gonzalez, Judge.
Review of the documents submitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, the notice of appeal appears to be prematurely filed under NRAP 4(a) because it was filed after the timely filing of a tolling motion under NRAP 4(a)(4) and before the tolling motion has been formally resolved. Appellant filed a timely motion for reconsideration and the court has set the motion for hearing. A timely tolling motion terminates the 30-day appeal period, and a notice of appeal is of no effect if it is filed after such a tolling motion is filed, and before the district court enters a written order finally resolving the motion. See NRAP 4(a)(4). This court lacks jurisdiction and
ORDERS this appeal DISMISSED.
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Docket No: No. 79594
Decided: September 27, 2019
Court: Supreme Court of Nevada.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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