Nevada Supreme Court, 2022

West v. West, Jr. (Child Custody)

West v. West, Jr. (Child Custody)
Nevada Supreme Court · Decided May 5, 2022

West v. West, Jr. (Child Custody)

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

JACQUELINE WEST, No. 84543 Appellant, vs. LARRY WEST, JR., Respondent. FILE .. MAY 0 5 2022 A. gRovi UPREME COM:1" CUM

ORDER DISMISSING APPEAL

This is a pro se appeal from an order denying a motion to set aside the divorce decree. Eighth Judicial District Court, Clark County; Vincent Ochoa, Judge.

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 after the timely filing of a tolling motion under NRAP 4(a)(4) and . - before the tolling motion was formally resolved. The district court docket-- entries reflect that appellant filed a timely motion for reconsideration on March 24, 2022. See AA Primo Builders v. Washington, 126 Nev. 578, 245 P.3d 1190 (2010) (a motion for reconsideration may be considered a tolling motion to alter or amend). The motion has not yet been resolved. 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

2. 2.- 14 3 district court enters a written order finally resolving the motion. See NRAP 4(a)(4). This court lacks jurisdiction and therefore ORDERS this appeal DISMISSED.

Hardesty

Ariesy.«,...0 , J.

Stiglich Air& (Army 1 J.

Herndon

cc: Hon. Vincent Ochoa, District Judge Jacqueline West Larry West, Jr. Eighth District Court Clerk

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