BYRD v. BYRD (2023)

ORDER DISMISSING APPEAL

Review of the notice of appeal and documents before this court reveals a jurisdictional defect. The certificate of service of the notice of entry of the challenged order indicates that the notice was served electronically on appellant's counsel on November 9, 2022. Appellant's notice of appeal was due to be filed in the district court within 30 days thereafter—by December 9, 2022. See NRAP 4(a)(1). However, appellant's notice of appeal was not filed in the district court until December 12, 2022.¹ This court lacks jurisdiction to consider an untimely filed notice of appeal. Healy v. Volkswagenwerk Aktiengesellschaft, 103 Nev. 329, 330, 741 P.2d 432, 432 (1987). Accordingly, this court

ORDERS this appeal DISMISSED.

FOOTNOTES

1.   Appellant mistakenly filed her notice of appeal in this court. The clerk of this court noted on the notice the date it was received—December 12, 2022—and sent it to the district court. See NRAP 4(e). Pursuant to NRAP 4(e), the notice is deemed filed in the district court on December 12, 2022.