IN THE SUPREME COURT OF THE STATE OF NEVADA

DESIREE LUCIDO, No. 75887 Appellant, VS. BRETT BIAVA, Respondent. FILE JUN 1 5 2018 ELWIRTH A. BROWN 1 PREME COURT BY pitT7TTEVc

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order denying a motion for an order to show cause for sanctions, change of custody, and attorney's fees in a child custody matter. Eighth Judicial District Court, Family Court Division, Clark County; Cynthia Dianne Steel, Judge. Our review of the notice of appeal and documents before this court reveals a jurisdictional defect, Assuming that the order challenged on appeal is substantively appealable, it appears that the notice of appeal was prematurely filed after the filing of a timely tolling motion and before that motion was resolved by the district court. See AA Primo Builders, LLC v. Washington, 126 Nev. 578, 585, 245 P.3d 1190, 1194-95 (2010) (explaining- when a motion for reconsideration has tolling effect under NRAP 4(a)(4)(C)); NRAP 4(a)(6). To date, it appears that the tolling motion remains pending in the district court. "A premature notice of appeal does not divest the

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Ti7"7-1-7, f an district court of jurisdiction." NRAP 4(a)(6). Accordingly, we conclude that we lack jurisdiction and we ORDER this appeal DISMISSED.

Parraguirre Stiglich

cc: Hon. Cynthia Dianne Steel, District Judge, Family Court Division Desiree Lucido Messner Reeves LLP Eighth District Court Clerk

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