RUSCH v. MARTIN CONDOMINIUM UNIT OWNERS ASSOCIATION (2022)

Supreme Court of Nevada.

Wesley RUSCH, an Individual, Appellant, v. The MARTIN CONDOMINIUM UNIT OWNERS’ ASSOCIATION, Domestic Non-Profit, Respondent.

No. 85108

Decided: August 08, 2022

Wesley Rusch Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas

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 the filing of a timely tolling motion for reconsideration but before that motion was resolved by the district court in a written order. 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 that motion remains pending in the district court. This court lack jurisdiction over a premature notice of appeal. NRAP 4(a)(6). Accordingly, this court

ORDERS this appeal DISMISSED.

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