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

IN THE SUPREME COURT OF THE STATE OF NEVADA
WESLEY RUSCH, AN INDIVIDUAL, No. 85084
Appellant,
vs.
THE MARTIN CONDOMINIUM UNIT
OWNERS' ASSOCIATION, A
FILE
DOMESTIC NON-PROFIT, AUG 0 8 2022
Res • ondent.
A. BROWN
'UPREME COU T
ORDER DISMISSING APPEAL
This is a pro se appeal from an order granting respondent's
motion to dismiss, or in the alternative, motion for summary judgment and
possibly from an order "Granting In Part, And Denying In Part, The Martin
Condominium Unit Owners Association's Motion For (1) Pre-Filing Order
Against Plaintiffs Pursuant To Nevada's Vexatious Litigant Standard And
(2) An Award Of Attorney's Fees And Costs Resulting From Plaintiffs'
Ongoing Vexatious Conduct." Eighth Judicial District Court, Clark County;
Nancy L. Allf, Judge.
Review of the documents submitted to this court pursuant to
NRAP 3(g) reveals a jurisdictional defect. Specifically, the notice of appeal
was filed after the timely filing 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 NRAP 4(a)(4).
SUPREME COURT
OF
NEVADA
1.0) 194 7A
Accordingly the notice of appeal was prematurely filed; this court lacks
jurisdiction, and
ORDERS this appeal DISMISSED.
J.
Silver
.
1 J.
Cadish
J.
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) t447A 42§1TD 2