GRYBOWSKI v. GRYBOWSKI (2023)

ORDER DISMISSING APPEAL

This court's preliminary review of the notice of appeal and documents before this court revealed a potential jurisdictional defect. Specifically, it appeared 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 has been formally resolved in a written order entered in the district court. 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). Accordingly, this court entered an order directing appellant to show cause why the appeal should not be dismissed for lack of jurisdiction.

Appellant has responded and concedes that the motion for reconsideration should be construed as a tolling motion and that the district court has not yet resolved the motion. See AA Primo Builders, 126 Nev. at 585, 245 P.3d at 1195. Accordingly, this court lacks jurisdiction, and

ORDERS this appeal DISMISSED.