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KIEREN v. STATE NDOC NDOC (2022)

Supreme Court of Nevada.2022-06-30No. No. 84871

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Opinion

ORDER DISMISSING APPEAL

Review of the notice of appeal and other 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 rehearing and before that tolling motion was resolved via a written order entered in the district court. 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 the tolling motion remains pending in the district court. As this court lacks jurisdiction to consider a premature notice of appeal, see NRAP 4(a)(6) (“A premature notice of appeal does not divest the district court of jurisdiction.”), this court

ORDERS this appeal DISMISSED.