Rusch v. The Martin Condo. Unit Owners' Ass'N

IN THE SUPREME COURT OF THE STATE OF NEVADA

WESLEY RUSCH, AN INDIVIDUAL, No. 85108

Appellant, vs, FILED

THE MARTIN CONDOMINIUM UNIT

OWNERS' ASSOCIATION, DOMESTIC AUG 08 2022

NON-PROFIT, cLIZABETHA

Resp ondent. CLERK OF SUPREME COURT

BY

DEPUTY CLERK

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order dismissing a complaint. Eighth Judicial District Court, Clark County; Nancy L. Allf, Judge.

Review of the notice of appeal and documents before this court reveals a jurisdictional defect. The notice of appeal was prematurely filed in the district court after the filing of a timely tolling motion for reconsideration but before that motion was resolved by the district court in a written order. See NRAP 4(a)(4) (regarding tolling motions); AA Primo Builders LLC v. Washington, 126 Nev. 578, 585, 245 P.3d 1190, 1195 (2010) (describing when a post-judgment motion carries tolling effect). To date, it appears that motion remains pending in the district court. This court lack jurisdiction over a premature notice of appeal. NRAP 4(a)(6). Accordingly, this court

ORDERS this appeal DISMISSED.

5 Luor J. ° Silver

J. Jd.

Cadish Pickering

SupREME CouRT

OF

NEVADA (OQ) (947A ABR a a cc: Hon. Nancy L. Allf, District Judge

Wesley Rusch

Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas

Eighth District Court Clerk

SuPREME COURT

OF

NEVADA (0) 1947A 2B 2