ROBINSON v. FINNIE (2026)

ORDER DISMISSING APPEAL

Respondent moves to dismiss this appeal for lack of jurisdiction on the basis that the notice of appeal was untimely filed. Appellant concedes that the notice of appeal was untimely filed. He nevertheless opposes dismissal, arguing that timeliness of the notice of appeal is not jurisdictional and respondent's objection to timeliness was waived or forfeited. Appellant also countermoves for recognition of a limited equitable exception to the time limitation to file a notice of appeal set forth in NRAP 4(a)(1).

Even assuming, without deciding, that the time to file a notice of appeal is non-jurisdictional and thus subject to waiver or forfeiture, we conclude that respondent did not waive or forfeit her objection to the untimely filing in this matter. And we decline appellant's invitation to adopt an equitable exception to the time limitation of NRAP 4(a)(1). Accordingly, the motion to dismiss is granted, and this appeal is dismissed. Appellant's motion for waiver of costs associated with preparation and delivery of transcripts is denied as moot.

It is so ORDERED.