PROSPERITY v. COMBS (2022)

ORDER DISMISSING APPEAL

Review of the notice of appeal and documents before this court reveals a jurisdictional defect. It appears the notice of appeal was untimely filed. Notice of entry of the challenged order was served on appellant's counsel on February 2, 2022. However, appellant did not file the notice of appeal in the district court until June 17, 2022, well after expiration of the 30-day appeal period. See NRAP 4(a)(1). This court lacks jurisdiction to consider an untimely notice of appeal.¹ Healy v. Volkswagenwerk Aktiengesellschaft, 103 Nev. 329, 741 P.2d 432 (1987) (an untimely notice of appeal fails to vest jurisdiction in this court). Accordingly, this court lacks jurisdiction and

ORDERS this appeal DISMISSED.

FOOTNOTES

1.   It appears from the district court docket sheet that appellant moved the district court for an extension of time to file the notice of appeal. However, the district court lacks authority to extend the time to file a notice of appeal. Walker v. Scully, 99 Nev. 45, 46, 657 P.2d 94, 94 (1983).