Guadamud Vs. Galantuomini

IN THE SUPREME COURT OF THE STATE OF NEVADA
MARIANELLA GUADAMUD, AN No. 83266
INDIVIDUAL,
Appellant, FILED
vs.
ELIZABETH GALANTUOMINI, AN OCT 2 8 2021
INDIVIDUAL, ELIZABETH A. BROWN
CLERK OttUPREME COURT
BY S
DEPUTY
13-CLE1 K
ORDER DISMISSING APPEAL
This is an appeal from a district court order dismissing a
complaint. Eighth Judicial District Court, Clark County; Nadia Krall,
Judge.
On October 12, 2021, this court entered an order directing
appellant to show cause why this appeal should not be dismissed for lack of
jurisdiction. Within that order, this court deferred ruling on the parties'
stipulation to remand this matter to the district court pursuant to
Huneycutt v. Huneycutt, 94 Nev. 79, 575 P.2d 585 (1978), and dismiss this
appeal. Appellant has now filed a copy of an October 18, 2021, district court
order certifying the district court's intent to grant relief from the order
challenged on appeal under Huneycutt.
As stated in the October 12, 2021, order, it appears that the
notice of appeal was prematurely filed after the filing of a timely tolling
motion in the district court but before entry of a written order finally
resolving that tolling motion. See NRAP 4(a)(4); NRAP 4(a)(6). It thus
appears no remand is necessary because the prematurely filed notice of
appeal did not divest the district court of jurisdiction in this matter. NRAP
4(a)(6) (A premature notice of appeal does not divest the district court of
SUPREME COURT jurisdiction."). Nevertheless, given the entry of the district court's October
OP
NEVRDA
i.0) 1447A aget.
i -31 '8 7
18, 2021, order, the parties stipulation is approved insofar as it is seeks
dismissal of this appeal, and this court
ORDERS this appeal DISMISSED.'
C.J.
cc: Hon. Nadia Krall, District Judge
Michael H. Singer, Settlement Judge
Law Office of Karen H. Ross
Anderton & Associates
Eighth District Court Clerk
1Given this dismissal, appellant need not file a response to this court's
October 12, 2021, order to show cause.
SUPREME COURT
OF
NEVADA
(01 1947A 4119. 2