CLARK COUNTY NEVADA DEPARTMENT OF AVIATION v. SOUTHERN NEVADA LABOR MANAGEMENT COOPERATION COMMITTEE BY AND THROUGH MAYFIELD (2020)

ORDER DISMISSING APPEAL

This is an appeal from a district court order granting a petition for judicial review. Eighth Judicial District Court, Clark County; Kathleen E. Delaney, Judge.

When this court's review of the docketing statement and documents before this court revealed a potential jurisdictional defect, this court ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. It appeared that the notice of appeal was prematurely filed after the filing of a timely tolling motion for reconsideration but prior to entry of a written order formally resolving that tolling motion. See NRAP 4(a)(4); NRAP 4(a)(6); AA Primo Builders LLC v. Washington, 126 Nev. 578, 585, 245 P.3d 1190, 1195 (2010). The parties asserted in response that the motion for reconsideration did not actually seek reconsideration and was thus not a tolling motion. This court rejected that contention and again ordered appellant to show cause why the appeal should not be dismissed for lack of jurisdiction. Clark Cty. Dep't of Aviation v. S. Nev. Labor Mgmt. Cooperation Comm., Docket No. 80798 (Order to Show Cause, June 5, 2009). In its latest response, appellant states it “does not dispute that the notice of appeal was premature.” Respondent Southern Nevada Labor Management Cooperation Committee agrees that dismissal of this appeal appears proper. It thus appears that the notice of appeal was prematurely filed and this court lacks jurisdiction. Accordingly, this court

ORDERS this appeal DISMISSED.