Nevada Supreme Court, 2017

Musall v. Balkenbush

Musall v. Balkenbush
Nevada Supreme Court · Decided May 19, 2017

Musall v. Balkenbush

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

JULIA L. MUSALL, No. 72914 Appellant, vs. ROBERT BALKENBUSH; AND FILED THORNDAL, ARMSTRONG, DELK, MAY 1 9 2017 BALKENSBUSH & EISINGER, A EUZARETP A. RROIVN CLERK OF SUPREME COURT PROFESSIONAL CORPORATION, BY --5-Iredgt Respondents. DEPUTY CLE

ORDER DISMISSING APPEAL This is a pro se appeal from an order granting summary judgment. Fifth Judicial District Court, Nye County; Kimberly A.

Wanker, 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 prematurely filed under NRAP 4(a) because it appears that it was filed after the timely filing of a tolling motion for reconsideration 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). Accordingly, we conclude that we lack jurisdiction, and we ORDER this appeal DISMISSED.

, J.

Hardesty

4:24 0taaa6Nea ParrL.gr;A■i:i■G tra Stiglich J.

SUPREME COURT . OF NEVADA I947A cc: Hon. Kimberly A. Wanker, District Judge Julia L. Musa11 Wilson, Elser, Moskowitz, Edelman & Dicker, LLP/Las Vegas Nye County Clerk

SUPREME COURT OF NEVADA

(0) 1507A .0 2

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