Law v. Progressive Direct Ins. Co.

IN THE SUPREME COURT OF THE STATE OF NEVADA RONALD WALTER LAW, AN No. 84059 INDIVIDUAL, IN PRO PER, Appellant, vs. FILED PROGRESSIVE DIRECT INSURANCE JAN 1 8 2022 COMPANY, A. BROWN Res s ondent. PREME COURT ORDER DISMISSING APPEAL This is a pro se appeal from a district court order granting a motion to dismiss. Second Judicial District Court, Washoe County; Kathleen M. Drakulich, Judge. Review of the notice of appeal, docketing statement, and other 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 and before that tolling motion was resolved via a written order entered in the district court. 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 the tolling motion remains pending in the district court. As this court lacks jurisdiction to consider a premature notice of appeal, see NRAP 4(a)(6) (A premature notice of appeal does not divest the district court of jurisdiction."), this court ORDERS this appeal DISMISSED. \ , J. Hardesty 4 4:: 1 tIrmaromilM5:12MMI.Immr-- A/a-13C-t-° , J. , J. SUPREME COURT OF Stiglich Herndon NEVADA to) 1947A atags. cc: Hon. Kathleen M. Drakulich, District Judge Ronald Walter Law Dennett Winspear, LLP Washoe District Court Clerk SUPREME Couar OF NEVADA fOi 1947A 646Po FL,