Nevada Supreme Court, 2021

180 Land Co., Llc Vs. City Of Las Vegas

180 Land Co., Llc Vs. City Of Las Vegas
Nevada Supreme Court · Decided May 7, 2021
485 P.3d 766 (Pacific Reporter, Third Series)

180 Land Co., Llc Vs. City Of Las Vegas

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

180 LAND COMPANY, LLC, A NEVADA No, 82429 LIMITED LIABILITY COMPANY; FORE STARS, LTD.; AND SEVENTY ACRES, LLC, Appellants, vs. CITY OF LAS VEGAS, A POLITICAL FILED SUBDIVISION OF THE STATE OF NEVADA, MAY 0 7 2021 ELIZABrcli A. BROWN Res • ondent. CLERK OF SUPREME Com' By Yri-wleutl., DEPUTY CLERK

ORDER DISMISSING APPEAL This is an appeal from a district court order granting a motion for surnmary judgment. Eighth Judicial District Court, Clark County; Douglas W. Herndon, Judge.

When this court's review of the docketing statement revealed a potential jurisdictional defect, we ordered appellants to show cause why this appeal should not be dismissed for lack of jurisdiction. It appeared that the notice of appeal was prematurely filed in the district court after the timely filing of a tolling motion and before that motion was resolved. See NRAP 4(a)(4). It also appeared that the tolling motion remained pending in the district court.

In response, appellants counsel represents that the district court has not yet entered a written order resolving the tolling motion and states that "jurisdiction is still with the District Court." Accordingly, it appears the notice of appeal is premature and this court lacks jurisdiction. &imam COURT OF NEVADA KR I 947A 447,00 See NRAP 4(a)(6) (A premature notice of appeal does not divest the district court of jurisdiction."). We therefore, ORDER this appeal DISMISSED.

A'afbau.0 CLIZ4te,i) Stiglich Silver

cc: Chief Judge, Eighth Judicial District Court Eighth Judicial District Court, Department 3 Law Offices of Kermitt L. Waters McDonald Carano LLP/Las Vegas Shute, Mihaly & Weinberger, LLP Las Vegas City Attorney Eighth District Court Clerk

SUPREME COURT OF NEIFFAM

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