Axelrod v. Perrin (Child Custody) ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
SHANE AXELROD, No. 69613
Appellant,
vs.
CARRIE ANN PERRIN,
Respondent.
FILED
JUN 0 3 2016
ORDER DISMISSING APPEAL
This is a pro se appeal from a district court order denying a
motion to modify child custody entered after resolution of an untimely
motion for reconsideration. Appellant has filed a motion to dismiss the
appeal on the ground that this court lacks jurisdiction. No opposition has
been filed. Having considered respondent's motion, we grant it. Although
the district court resolved the motion for reconsideration on the merits, an
untimely motion for reconsideration does not toll the time to appeal. See
NRAP 4(a)(6); AA Primo Builders, LLC v. Washington, 126 Nev. 578, 245
P.3d 1190 (2010); Morrell v. Edwards, 98 Nev. 91, 93, 640 P.2d 1322, 1324
(1982). Accordingly, appellant's notice of appeal from the order entered
August 24, 2016, was due September 23,2015. Appellant did not file a
notice of appeal until January 14, 2016, after the resolution of the motion
for reconsideration on January 6, 2016. An order denying a motion for
reconsideration is not an appealable order. Alvis v. State, Gaming Control
Bd., 99 Nev. 184, 660 P.2d 980 (1983), disapproved of on other grounds by
AA Primo Builders, LLC v. Washington, 126 Nev. 578, 245 P.3d 1190
SUPREME COURT
OF
NEVADA
401 1947A e
(2010). We conclude, therefore, that we lack jurisdiction over this appeal,
and we
ORDER this appeal DISMISSED.'
, J.
Hardesty
J.
artta Pickering
cc: Hon. Vincent Ochoa, District Judge
Shane Axelrod
Carrie Ann Perrin
Eighth District Court Clerk
'Appellant's motion filed April 15, 2016, is denied as moot.
SUPREME COURT
OF
NEVADA
10) 194Th e
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