Alvis v. State
| Decision Date | 28 March 1983 |
| Docket Number | No. 14656,14656 |
| Citation | 99 Nev. 184,660 P.2d 980 |
| Parties | Norman F. ALVIS, Appellant, v. STATE of Nevada, The Nevada Gaming Control Board, presently comprised of Richard W. Bunker, John H. Stratton, and Dale W. Askew, Members, Respondents. |
| Court | Nevada Supreme Court |
Gentile & Massi, Las Vegas, for appellant.
D. Brian McKay, Atty. Gen., James C. Giudici, Deputy Atty. Gen., Las Vegas, for respondents.
This is an appeal from an order of the district court dismissing a petition for judicial review and from an order denying rehearing of that decision.
Alvis filed a complaint with the Gaming Control Board against a hotel and casino. The Board issued a decision in favor of the club. Alvis thereafter petitioned the district court for judicial review of the Board's decision. Respondents subsequently moved to dismiss for lack of jurisdiction. The district court granted the motion and dismissed the petition. Notice of entry of the order was served by mail on October 5, 1982.
Alvis subsequently moved for rehearing. The district court issued an order on January 3, 1983, denying the motion. Notice of entry of the order was served by mail on January 5, 1983. Alvis filed his notice of appeal on February 7, 1983. The notice of appeal listed both the order denying the petition for judicial review and the order denying rehearing.
Respondents have now filed a motion to dismiss the appeal. The motion principally asserts that the notice of appeal was filed beyond the 30-day period specified in NRAP 4(a) and that this court lacks jurisdiction to entertain the appeal. We agree.
NRAP 4(a) clearly provides that the notice of appeal must be filed "within thirty (30) days of the date of service of written notice of the entry of the judgment or order appealed from." In this case, respondents served the notice of entry of the order dismissing the petition for judicial review on October 5, 1982. The notice of appeal should have been filed no later than November 7, 1982. See NRAP 26(c); NRAP 4(a). Alvis failed to file his notice of appeal until February 7, 1983. The notice of appeal is untimely and this court may not, therefore, consider the appeal. See Ross v. Giacomo, 97 Nev. 550, 635 P.2d 298 (1981).
We find no merit to the contentions presented by Alvis in his memorandum of authorities opposing the motion to dismiss. In his first argument, Alvis asserts that the order issued by the district court denying rehearing is a special order after final judgment and is, therefore, independently appealable under NRAP 3A(b)(2).
NRAP 3A(b)(2) permits a party to appeal from a "special order made after final judgment." Wilkinson v. Wilkinson, 73 Nev. 143, 145, 311 P.2d 735, 736 (1957) sets forth the standard to be applied in analyzing whether an order filed after entry of judgment is appealable:
The mere fact that the order in point of time is made after a final judgment has been entered does not render it appealable. It must affect the rights of the parties growing out of final judgment.
The order denying rehearing in this case did not affect the rights of the parties as determined by the order dismissing the petition for judicial review. Accordingly, the order denying rehearing is not appealable as a special order made after final judgment. Compare Bates v. Nevada Savings & Loan Ass'n, 85 Nev. 441,...
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AA Primo Builders, LLC v. Wash.
...any new evidence in arriving at its decision to deny [appellant's] motion to alter or amend"), with Alvis v. State, Gaming Control Bd., 99 Nev. 184, 186 n. 1, 660 P.2d 980, 981 n. 1 (1983) ("A review of the [post-judgment] motion ... reveals that [appellant] merely sought reconsideration of......
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...and under prior decisional law, motions for reconsideration did not toll the appeal period. See Alvis v. State, Gaming Control Bd., 99 Nev. 184, 186 n. 1, 660 P.2d 980, 981 n. 1 (1983), disapproved of by AA Primo Builders v. Washington, 126 Nev. ––––, ––––, 245 P.3d 1190, 1195 (2010). Recen......
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...awarding attorney fees and costs in favor of respondent. MAUPIN and GIBBONS, JJ., concur. 1. See NRAP 3(a); Alvis v. State, Gaming Control Bd., 99 Nev. 184, 660 P.2d 980 (1983). 2. NRAP 4(a)(4). 3. NRCP 50(b); NRCP 59(b). 4. NRCP 6(e). 5. 97 Nev. 550, 553 nn. 1 & 2, 635 P.2d 298, 300 nn. 1 ......
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