Newmyer Vs. Premier One Holdings, Inc.

IN THE SUPREME COURT OF THE STATE OF NEVADA

EDWARD A. NEWMYER, AN No. 79594 INDIVIDUAL,

Appellant, vs.

PREMIER ONE HOLDINGS, INC., A FILED NEVADA CORPORATION; MRT

ASSETS, LLC, A NEVADA LIMITED- SEP 2 1 2(119 LIABILITY COMPANY; RONE CHANG, BROWN CLERK REME COURT AN INDIVIDUAL; MICHAEL H. RING,

BY AN INDIVIDUAL; AND CALVIN FUNG, DEPUTY CLERK AN INDIVIDUAL,

Res • ondents.

ORDER DISMISSING APPEAL

This is a pro se appeal from a findings of fact, conclusions of law, and dismissal with prejudice. Eighth Judicial District Court, Clark County; Elizabeth Goff Gonzalez, Judge.

Review of the documents submitted to this court pursuant to NR.AP 3(g) reveals a jurisdictional defect. Specifically, the notice of appeal appears to be prematurely filed under NRAP 4(a) because it was filed after the timely filing of a tolling motion under NRAP 4(a)(4) and before the tolling motion has been formally resolved. Appellant filed a timely motion for reconsideration and the court has set the motion for hearing. A timely tolling motion terminates the 30-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 SUPREME COUFtT

OF

NEVADA

0) 1447A .4W

F district court enters a written order finally resolving the motion. See NRAP 4(a)(4). This court lacks jurisdiction and

ORDERS this appeal DISMISSED.

J.

J. Parraguirre

J. Cadish cc: Hon. Elizabeth Goff Gonzalez, District Judge Edward A. Newmyer

Morris Law Center

Eighth District Court Clerk

SUPREME COURT

OF

W.VA0A

(0) 1547A .4110.