IN THE SUPREME COURT OF THE STATE OF NEVADA

DAVID ERNEST LOPEZ, AN No. 69551 INDIVIDUAL, vs. Appellant, FILED JAMES DANIEL BENNETT, AN MAY 0 3 2016 INDIVIDUAL, ETRRe A CFI Esu K. pi_RIrM mEEAN Respondent. BY COURT DEPUTY CLERK

ORDER DISMISSING APPEAL This is an appeal from a district court summary judgment in a tort action. Eighth Judicial District Court, Clark County; Eric Johnson, Judge.

Our initial review of the docketing statement and documents before this court revealed a potential jurisdictional defect. Specifically, it appeared that the notice of appeal was filed after the timely filing of a tolling motion seeking reconsideration and before the tolling motion was formally resolved. See NRAP 4(a)(4); AA Primo Builders v. Washington, 126 Nev. 578, 245 P.3d 1190 (2010). Accordingly, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction.

In response, appellant indicates that a motion for reconsideration was filed in the district court, and admits that no formal written order disposing of the motion has been entered. See Rust v. Clark Cnty. Sch. Dist., 103 Nev. 686, 747 P.2d 1380 (1987) (explaining that a minute order is ineffective for any purpose).

Thus, it appears the notice of appeal was prematurely filed before resolution of the timely filed motion for reconsideration. See NRAP 4(a)(6) ("A premature notice of appeal does not divest the district court of SUPREME COURT OF NEVADA

(0) 1947A ea jurisdiction"); AA Primo, 126 Nev. at 585, 245 P.3d at 1195 (recognizing that a timely filed motion for reconsideration may toll the appeal period).

Accordingly, we lack jurisdiction over this appeal and we ORDER this appeal DISMISSED.

cit,t; , J.

Hardesty

J.

Saitta Pickering

cc: Hon. Eric Johnson, District Judge Persi J Mishel, Settlement Judge Robert W. Curtis & Associates, LLC Law Offices of Karl H. Smith Eighth District Court Clerk

SUPREME COURT OF NEVADA

(01 1947A aAfi§,W(;14.