180 LAND COMPANY LLC LLC v. CITY OF LAS VEGAS (2021)

ORDER DISMISSING APPEAL

This is an appeal from, a district court order granting a motion for summary judgment. Eighth Judicial District Court, Clark County; Douglas W. Herndon, Judge.

When this court's review of the docketing statement revealed a potential jurisdictional defect, we ordered appellants to show cause why this appeal should not be dismissed for lack of jurisdiction. It appeared that the notice of appeal was prematurely filed in the district court after the timely filing of a tolling motion and before that motion was resolved. See NRAP 4(a)(4). It also appeared that the tolling motion remained pending in the district court.

In response, appellants’ counsel represents that the district court has not yet entered a written order resolving the tolling motion and states that “jurisdiction is still with the District Court.” Accordingly, it appears the notice of appeal is premature and this court lacks jurisdiction. See NRAP 4(a)(6) (“A premature notice of appeal does not divest the district court of jurisdiction.”). We therefore,

ORDER this appeal DISMISSED.