Abts v. Abts

Nevada Supreme Court
Abts v. Abts, 415 P.3d 1004 (Nev. 2018)

Abts v. Abts

Opinion of the Court

ORDER DISMISSING APPEAL

This is a pro se appeal from an order, granting a motion to set aside a default judgment pursuant to NRCP 60(b). Eighth Judicial District Court, Clark County; Ronald J. Israel, 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 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). A premature notice of appeal filed before entry of a final, written judgment is of no effect, and a district court's oral pronouncement from the bench, a minute order, and even an unfiled written order are ineffective for any purpose. Accordingly, we conclude that we lack jurisdiction, and we

ORDER this appeal DISMISSED.

Reference

Full Case Name
Brandi ABTS v. Cynthia Arnold ABTS
Status
Published