Nevada Supreme Court, 2017

Fergason v. Las Vegas Metro. Police Dep't

Fergason v. Las Vegas Metro. Police Dep't
Nevada Supreme Court · Decided May 5, 2017

Fergason v. Las Vegas Metro. Police Dep't

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

BRYAN MICHAEL FERGASON, No. 72640 Appellant, vs. LAS VEGAS METROPOLITAN POLICE DEPARTMENT, Respondent FILED MAY 0 5 2017 ELIZABETH A. t3R0sAB4 CLERK PialE C COURT BY g B ...Y.-CLA-41Sdie_...

DEPUTY CL ° ERK

ORDER DISMISSING APPEAL This is a pro se appeal from an order granting respondent's motion for summary judgment. Eighth Judicial District Court, Clark County; Douglas Smith, Judge.

Our review of the documents submitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, the notice of appeal appears to be untimely filed under NRAP 4(a) because it appears that it was filed after the timely filing of a tolling motion under NRAP 4(a)(2) and before the tolling motion was formally resolved. 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 filed, and before the district court enters a written order finally resolving the motion. See NRAP 4(a)(2). It appears that the district court denied the motion for reconsideration on April 17, 2017, but no written order has been entered. A district court's minute order is ineffective for any purpose and cannot be appealed, and a written order or judgment must be filed SUPREME COURT OF NEVADA (0) 19474 - before a district court ruling can be appealed. See Rust v. Clark Cty.

School District, 103 Nev. 686, 747 P.2d 1380 (1987).

We conclude that we lack jurisdiction, and we ORDER this appeal DISMISSED. 1

/ —LA itit; Hardesty

Pin Yter J.

Parraguirre

.44 Stiglic h ;isaie0 cc: Hon. Douglas Smith, District Judge Bryan Michael Fergason Marquis Aurbach Coffing Matthew J. Christian Clark County District Attorney Eighth District Court Clerk

'We deny as moot respondent's motion to dismiss.

SUPREME COURT OF NEVADA

(0) I947A

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