Dieter v. Bank of America, N.A.

IN THE SUPREME COURT OF THE STATE OF NEVADA ADAM W. DIETER, No. 71747

Appellant, vs.

BANK OF AMERICA, N.A., A NATIONAL ASSOCIATION,

Respondent. FILED

FEB 2 8 2017

ORDER DISMISSING APPEAL

This is an appeal from a district court order granting a motion for summary judgment. Eighth Judicial District Court, Clark County; Kerry Louise Earley, Judge.

Respondent has filed a motion• to dismiss this appeal as untimely. Notice of entry of the challenged order, the final judgment in this matter, was served on appellant by mail on July 6, 2016. See Lee v. GNLV, Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (defining a final judgment). Appellant's notice of appeal was not filed until November 11, 2016, well outside the 30-day appeal period. See NRAP 4(a)(1); NRCP 6(e).

Appellant appears to concede that the notice of appeal was untimely filed but argues that this court should overrule Lee to the extent

SUPREME COURT

OF NEVADA

(0) 1947A .0 it holds that a judgment becomes final before the district court rules on motions for attorney fees and costs. We decline to do so.

Because the notice of appeal was untimely filed, we lack jurisdiction, see Healy v. Volkswagenwerk Aktiengesellschaft, 103 Nev. 329, 331, 741. P.2d 432, 433 (1987), and we

ORDER this appeal DISMISSED.

D-7,4

Douglas

J. J.

Pickering cc: Hon. Kerry Louise Earley, District Judge

Janet Trost, Settlement Judge Brian K. Berman Ball, Santin & McLeran, PLC Eighth District Court Clerk

SUPREME COURT

OF NEVADA

CO) I 947A e 2