IN THE SUPREME COURT OF THE STATE OF NEVADA
DANIELLE REIMANN, No. 69716
Appellant,
vs.
LESLIE MARK STOVALL D/B/A FILED
STOVALL & ASSOCIATES,
Resnondent. JUN 2 3 2016
TRACIE K LINDEMAN
CLERK OF SUPREME COURT
ORDER DISMISSING APPEAL BY
DEPUTY CLERIC
This is an appeal from a district court order adjudicating an
attorney's lien. Eighth Judicial District Court, Clark County; Ronald J.
Israel, Judge.
When our initial review of the docketing statement and
documents submitted to this court revealed potential jurisdictional
defects, we ordered appellant to show cause why this appeal should not be
dismissed for lack of jurisdiction. Specifically, it was not clear whether
appellant was aggrieved by the challenged order and thus had standing to
challenge it on appeal. See NRAP 3A(a) (allowing an appeal to be filed by
an aggrieved party; Valley Bank of Nevada v. Ginsburg, 110 Nev. 440, 874
P.2d 729 (1994) (defining an aggrieved party). It also appeared that the
notice of appeal was prematurely filed after the filing of a NRAP 4(a)(4)
tolling motion seeking reconsideration but before that motion was formally
resolved in a written order. See NRAP 4(a)(6); AA Primo Builders, LLC v.
Washington, 126 Nev. 578, 245 P.3d 1190 (2010).
In response, appellant contends that she is aggrieved by the
challenged order and that the motion for reconsideration was not a tolling
motion. Appellant's motion for reconsideration was "in writing, timely
filed, state[d] its grounds with particularity, and `request[ed] a substantive
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alteration of the judgment, not merely the correction of a clerical error, or
relief of a type wholly collateral to the judgment." AA Primo, 126 Nev. at
585, 245 P.3d at 1195. The motion is thus accorded tolling effect pursuant
to NRAP 4(a)(4)(C). Id. Accordingly, even assuming appellant is
aggrieved by the challenged order and it is substantively appealable, we
lack jurisdiction over this appeal because the notice of appeal was
prematurely filed, see NRAP 4(a)(6), and we
ORDER this appeal DISMISSED.
Douglas
C12 41141/ ,J.
-
Cherry
cc: Hon. Ronald J. Israel, District Judge
Injury Lawyers of Nevada
Stovall & Associates
Eighth District Court Clerk
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