BAUER v. LAS VEGAS PROFESSIONAL GROUP CALARCO (2021)

ORDER DISMISSING APPEAL

Because it appeared that the notice of appeal had been filed after the timely filing of a tolling motion, this court directed appellant to show cause why the appeal should not be dismissed for lack of jurisdiction. Appellant has responded and concedes that the notice of appeal was prematurely filed and informs this court that the district court removed consideration of the motion for reconsideration from its calendar on the ground that the court had lost jurisdiction when the notice of appeal was filed. Appellant states that he has moved to place the motion back on the district court's calendar and asks this court to suspend briefing in this appeal until the motion is resolved. The filing of a timely tolling motion tolls the time for an appeal to this court and this court lacks jurisdiction over such an appeal. See NRAP 4(a)(2). Accordingly, the appeal is dismissed.

It is so ORDERED.¹

FOOTNOTES

1.   The notice of appearance filed August 27, 2021, by attorneys Joshua H. Reisman and Robert R. Warns III of Reisman Sorokac is approved. The clerk shall add these attorneys as counsel of record for respondent.