West v. West, Jr. (Child Custody) ( 2022 )

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