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STANLEY MONSEF AN INDIVIDUAL v. CANYON WILLOW PECOS OWNERS ASSOCIATION NEVADA NON PROFIT CORPORATION (2022)

Supreme Court of Nevada.2022-11-17No. No. 85543

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Opinion

ORDER DISMISSING APPEAL

This is a pro se appeal from an order regarding attorney fees and costs. Eighth Judicial District Court, Clark County; Mark R. Denton, Judge.

Review of the documents submitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, the notice of appeal was prematurely filed under NRAP 4(a) because it appears it was filed after the timely fling of a tolling motion under NRAP 4(a)(4) and before the tolling motion was formally 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 district court enters a written order finally resolving the motion. See AA Primo Builders v. Washington, 126 Nev. 578, 245 P.3d 1190 (2010); NRAP 4(a)(4). This court lacks jurisdiction, and ORDERS this appeal DISMISSED.

Hardesty, J.

Stiglich, J.

Herndon, J.