day time frame elapsed, the basis for the district court's decision to dismiss appellant's complaint was erroneous. We therefore ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for further proceedings consistent with this order.

Gibbons

etha, J.

Pickering

cc: Hon. Jerry A. Wiese, District Judge Richard Allen Denson Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) I94Th