IN THE SUPREME COURT OF THE STATE OF NEVADA

WENDELL DWAYNE O'NEAL, No. 72791 Appellant, vs. ROAD RUNNER RENTALS, INC.; FIRST NAME BOAZ (JAMIE SANTOS); FILED ROAD RUNNER AUTO GROUP, INC.; APR 2 1 2017 CAROL MILLAUD; MATTHEW WOLF; ELIZABETH A. BROWN EMPIRE FIRE & MARINE CLERK OF UPREIAE COURT INSURANCE CO., INC.; AND JAMIE BY DEPUTY CLEM SANTOS, Respondents.

ORDER DISMISSING APPEAL This is a pro se appeal from an order granting a motion for summary judgment and deferring a decision on respondents' motion to designate appellant a vexatious litigant. Eighth Judicial District Court, Clark County; Jennifer P. Togliatti, Judge.

Our review of the documents submitted to this court pursuant to NRAP 3(g) reveals two jurisdictional defects. Specifically, the notice of appeal appears to be untimely filed under NRAP 4(a) because it appears that it was prematurely filed, before the entry of a final written judgment, and is therefore of no effect. See NRAP 4(a)(1); Rust v. Clark Cty. School District, 103 Nev. 686, 747 P.2d 1380 (1987).

In addition, the notice of appeal was filed after the timely filing of a tolling motion under NRAP 4(a)(2) and before the tolling motion has been formally resolved. The district court minutes reflect that a hearing on appellant's motion for reconsideration is set for May 10, 2017.

A timely tolling motion terminates the thirty-day appeal period, and a notice of appeal is of no effect if it is filed after such a tolling motion is SUPREME COURT OF NEVADA (0) 1947A e /7-1335/ filed, and before the district court enters a written order finally resolving the motion. See NEAP 4(a)(2).

Accordingly, we conclude that we lack jurisdiction, and we ORDER this appeal DISMISSED.

Douglas s ,714 .; J.

Gibbons

J.

Pickering

cc: Hon. Jennifer P. Togliatti, District Judge Wendell Dwayne O'Neal Cisneros & Marias Eighth District Court Clerk

SUPREME COURT OF NEVADA

10) 1947A 2