Wilson v. Grundy ( 2022 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
VIOLA WILSON ADMINISTRATOR No. 83861
AND PERSONAL REPRESENTATIVE
OF THE ESTATE OF SADIE SHARPE;
AND THE ESTATE OF SADIE
SHARPE,
FILE
Appellants, APR 1 1 2022
vs.
ELIZABETH A. BROWN
ALISHA GRUNDY, AN INDIVIDUAL, CLERKX VIRRENIE COURT
Res • ondent. BY '7
DEPUTY CLERK
ORDER DISMISSING APPEAL
This is an appeal from an October 18, 2021, district court order
granting summary judgment on respondent's claims for civil forfeiture,
constructive trust, and declaratory judgment concerning the forfeiture of
two parcels of real property located in California. Eighth Judicial District
Court, Clark County; Adriana Escobar, Judge. Appellants have filed an
emergency motion to stay execution of the summary judgment without
bond, explaining that they cannot afford the $1 million supersedeas bond
required by the district court and, absent a stay, the judgment will be used
in support of respondent's motion for summary judgment soon to be heard
in parallel litigation pending in the California courts.
Notice of entry of the October 18 summary judgment was
electronically served on October 19, 2021, but appellants notice of appeal
was not filed until November 23, 2021, 4 days beyond the 30-day appeal
period. NRAP 4(a)(1). On March 3, 2021, appellants filed in this court a
notice acknowledging the untimely appeal and asserting that the district
court has indicated its intent to grant NRCP 60(b) relief and reissue the
judgment, restarting the time for appeal. Appellants did not provide any
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ICI) 19.11A .1/14.
.2.2-w.6141
district court order so stating, but regardless, an untimely notice of appeal
fails to vest jurisdiction in this court. Healy v. Volkswagenwwerk, 103 Nev.
329, 331, 741 P.2d 432, 433 (1987); see also Walker v. Scully, 99 Nev. 45, 46,
657 P.2d 94, 94 (1983) (holding that the district court lacks authority to
extend the appeal period and that this court lacks jurisdiction to consider
an untimely appeal). Appellants appear to recognize as much when, in their
notice, they state that the appeal will need to be dismissed; further, as the
district court did not lose jurisdiction when appellants filed the untimely
appeal, there is no need to remand this matter. Therefore, we lack
jurisdiction and
ORDER this appeal DISMISSED.'
A4_,t J.
Hardesty
.4"4t4--0 J.
Stiglich
J.
Herndon
cc: Hon. Adriana Escobar, District Judge
Eleissa C. Lavelle, Settlement Judge
TRILAW
Flangas Civil Law Firm, Ltd.
Eighth District Court Clerk
'Appellants emergency motion for stay is denied as moot.
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