ACOR v. BULLOCH (2020)

ORDER DISMISSING APPEALS

These consolidated appeals arise from a judgment and postjudgment orders on attorney fees and costs. Preliminary review of the docketing statements and the documents submitted to this court pursuant to NRAP 3(g) revealed that although each order attached to the notices of entry is signed by the judge, none of the orders bears a district court file stamp and none has been entered on the district court docket. As a result, the orders are ineffective. See NRCP 58; State, Div. Child & Family Servs. v. Dist. Court, 120 Nev. 445, 92 P.3d 1239 (2004). Accordingly, this court entered an order directing appellant to show cause why the appeals should not be dismissed for lack of jurisdiction.

The parties have filed a joint response to this court's order in which they concede that the orders are not final. In lieu of dismissing the appeals, the parties ask this court to provide the parties 7 days to docket or otherwise file with the district court the three orders that serve the basis of these appeals, 7 days thereafter to complete notice to all parties of the entry of the three orders, and 10 calendar days from notice of entry of the three orders to file amended notices of appeal. Finally, the parties request the briefing schedule be reinstated with appellant having 90 days from the date that appellant files his amended notices of appeal to submit the opening brief.

The parties’ requests are denied. This court lacks jurisdiction over the appeals. Until the jurisdictional defect is cured, the district court retains jurisdiction over this matter. Rust v. Clark Cty, School District, 103 Nev. 686, 747 P.2d 1380 (1987). Appellant may appeal from entry of a final, written judgment. NRAP 4(a)(1). This court lacks jurisdiction over these appeals and

ORDERS these appeals DISMISSED.¹

FOOTNOTES

1.   Any relief regarding the bond for costs on appeal must be sought in the district court. NRAP 7.