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RIONI v. NEVADA DEPARTMENT OF EMPLOYMENT TRAINING REHABILITATION EMPLOYMENT SECURITY DIVISION (2024)

Supreme Court of Nevada.2024-08-12No. No. 89049

Authorities cited

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Opinion

ORDER DISMISSING APPEAL

Review of the notice of appeal and documents before this court reveals a jurisdictional defect. The notice of appeal was untimely filed in the district court on July 23, 2024, more than 30 days after service of notice of entry of order on May 24, 2024. See NRAP 4(a)(1) (providing that a notice of appeal must generally be filed in the district court within 30 days of service of notice of entry of the order challenged on appeal). Appellants notice of appeal states that he submits the notice of appeal “based on the provisions of NRAP 31(b)—(Extending the time for submitting an Appeal).” NRAP 31(b) governs the extension of time to file briefs in this court and does not apply to the notice of appeal. More importantly, pursuant to NRAP 26(b)(1), this “court may not extend the time to file a notice of appeal except as provided in Rule 4(c).” Because NRAP 4(c) only allows untimely appeals from a judgment of conviction and sentence, it does not apply to this appeal from an order entered in a civil matter. Accordingly, this court lacks jurisdiction, see Healy v. Volkswagenwerk Aktiengesellschaft, 103 Nev. 329, 330, 741 P.2d 432, 432 (1987), and we

ORDER this appeal DISMISSED.