IN THE SUPREME COURT OF THE STATE OF NEVADA

No. 74368 Appellant, vs. JAMES H. GORMLEY, FILED Respondent. JAN 2018 ELIZABETH A. BROWN CLERKDE SUPREME COURT BY •Vi.9-4- *- DEPUTY CLERK ORDER DISMISSING APPEAL

This is an appeal from an order awarding attorney fees. Our review of the documents before this court reveals a jurisdictional defect. It appears that appellant filed the notice of appeal after the timely filing of a tolling motion for reconsideration but before the tolling motion was formally resolved. See NRAP 4(a)(4); AA Primo Builders, LLC a. Washington, 126 Nev. 578, 585, 245 P.3d 1190, 1195 (2010) (explaining when a motion for reconsideration may be given tolling effect under NRAP 4(a)(4)). To date, it appears that the motion for reconsideration remains pending in the district court. Accordingly, the notice of appeal was prematurely filed, see NRAP 4(a)(6), and we ORDER this appeal DISMISS HD.

Hardesty

SUPREME COURT OF NEVADA

(0) 1947A

TTFrn-iprii cc: Hon. Cynthia Dianne Steel, District Judge, Family Court Division Lon Irish Black &Bello Eighth District Court Clerk

SUPREME COURT OF NEVADA

,524:( (0) 1947A (244 2