VAN KIRK v. CLARK COUNTY (2021)

ORDER DISMISSING APPEAL

The parties have filed a stipulation to stay the appellate proceedings while the district court resolves a motion for reconsideration that appellant filed before filing the notice of appeal. However, it appears that this court lacks jurisdiction over this appeal. NRAP 4(a)(2). A timely tolling motion such as a motion for reconsideration 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 but before the district court enters a written order finally resolving the motion. See NRAP 4(a)(2); AA Primo Builders, LLC v. Washington, 126 Nev. 578, 585, 245 P.3d 1190, 1195 (2010) (recognizing that a timely-filed post judgment motion for reconsideration that seeks a substantive change to the challenged order qualifies as a tolling motion under NRCP 59(e) and NRAP 4(a)(4)). Once the district court has resolved the motion for reconsideration, any aggrieved party may file a new notice of appeal. At this point, however, this court lacks jurisdiction and

ORDERS this appeal DISMISSED.¹

FOOTNOTES

1.   This court takes no action in regard to the stipulation to stay these proceedings.