Rusch v. The Martin Condo. Unit Owners' Ass'N ( 2022 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
WESLEY RUSCH, AN INDIVIDUAL, No. 85108
Appellant,
vs. FILED
THE MARTIN CONDOMINIUM UNIT
OWNERS' ASSOCIATION, DOMESTIC AUG 0 8 2022
NON-PROFIT, ELIZABETH A. BROWN
CLERK OF SUPREME COURT
Res s ondent.
BY •\/
DEPUTY CLERK
z
ORDER DISMISSING APPEAL
This is a pro se appeal from a district court order dismissing a
complaint. Eighth Judicial District Court, Clark County; Nancy L. Allf,
Judge.
Review of the notice of appeal and 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
reconsideration but before that motion was resolved by the district court in
a written order. 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 motion remains pending in the district court. This court lack
jurisdiction over a premature notice of appeal. NRAP 4(a)(6). Accordingly,
this court
ORDERS this appeal DISMISSED.
LIZ4a,L) J.
Silver
, J.
Cadish Pickering
SUPREME COURT
OF
NEVADA
I()) 1947A 44424c,
-e2g
cc: Hon. Nancy L. Allf, District Judge
Wesley Rusch
Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
(0) 1947A