TORRES v. TORRES (2021)

ORDER DISMISSING APPEAL

Review of the notice of appeal and documents before this court reveals a jurisdictional defect. The notice of appeal was prematurely filed in the district court after appellant timely filed a tolling motion ¹ seeking a substantive amendment to the orders challenged in this appeal but prior to entry of a written order formally resolving that motion. See NRAP 4(a)(4) (regarding tolling motions); AA Primo Builders LLC v. Washington, 126 Nev. 578, 585, 245 P.3d 1190, 1195 (2010) (describing when a post-judgment motion carries tolling effect). To date, it appears the motion remains pending in the district court. This court lacks jurisdiction to consider a prematurely filed notice of appeal. NRAP 4(a)(6) (“A premature notice of appeal does not divest the district court of jurisdiction.”). Accordingly, this court

ORDERS this appeal DISMISSED.²

FOOTNOTES

1.   The motion is titled an “objection.”

2.   Appellant may file a new notice of appeal once the district court enters a written order formally resolving the motion.