Nevada Supreme Court, 2019

Cushman Vs. Atkins

Cushman Vs. Atkins
Nevada Supreme Court · Decided November 26, 2019

Cushman Vs. Atkins

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

JOSEPH CUSHMAN, No. 79848 Appellant, vs. TIMOTHY ATKINS; LAUGHLIN JUSTICE COURT; CLIFF HOLDER; AND KEVIN HANRATTY, NOV 2 6 2019 Res • ondents. ELd 5ETH A. BROWN CLERK PREME COURT BY ORDER DISMISSING APPEAL This is a pro se appeal from a district court order dismissing a complaint. Eighth Judicial District Court, Clark County; Rob Bare, Judge.

Review of the notice of appeal and documents before this court reveals a jurisdictional defect. It appears the notice of appeal was untimely filed. Notice of entry of the order granting the motion to dismiss was served on August 14, 2019. However, appellant did not file the notice of appeal in the district court until October 14, 2019, well after the 30-day appeal period provided in NRAP 4(a)(1). An untimely notice of appeal fails to vest jurisdiction in this court. See Healy v. Volkswagenwerk Aktiengesellschaft, 103 Nev. 329, 741 P.2d 432 (1987). Accordingly, this court lacks jurisdiction and ORDERS this appeal DISMISSED.

J.

Parraguirre Cadish SUPREME COURT OF NEVADA (0) 1947A 40610..

11111LAILINI. MUMMA, 1 !LEM cc: Hon. Rob Bare, District Judge Joseph Cushman Hanratty Law Group Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

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