Wirth v. Procter, 110519 NVCA, 78545-COA

Docket Nº:78545-COA
Opinion Judge:GIBBONS C.J.
Party Name:CHARLES MATTHEW WIRTH, Appellant, v. C.D.A.G. HEATHER D. PROCTER; RENEE BAKER, WARDEN; AND SHELLY WILLIAMS, CCRM III, Respondents.
Judge Panel:Tao J., Bulla, J. Hon. Jim C. Shirley, District Judge
Case Date:November 05, 2019
Court:Court of Appeals of Nevada
 
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CHARLES MATTHEW WIRTH, Appellant,

v.

C.D.A.G. HEATHER D. PROCTER; RENEE BAKER, WARDEN; AND SHELLY WILLIAMS, CCRM III, Respondents.

No. 78545-COA

Court of Appeals of Nevada

November 5, 2019

UNPUBLISHED OPINION

ORDER DISMISSING APPEAL

GIBBONS C.J.

Charles Matthew Wirth appeals from an order of the district court denying a petition for a writ of mandamus filed on October 31, 2018. Eleventh Judicial District Court, Pershing County; Jim C. Shirley, Judge.

A review of the documents submitted to the appellate court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, the notice of appeal appears to be prematurely filed under NRAP 4(a) because it was filed after the timely filing of a tolling motion under NRAP 4(a)(4)(C)1and before the tolling motion was formally resolved. A timely tolling motion terminates the 30-day appeal period, and a notice of appeal is of no effect if it is filed after such a tolling motion is filed and before the district court enters a written order finally resolving the motion.2 See NKAP 4(a)(4). Accordingly, we conclude we lack jurisdiction to consider this appeal, and we

ORDER this appeal DISMISSED.

Tao J., Bulla, J.

Hon. Jim C. Shirley, District Judge


Notes:

[1] Virth filed an "emergincy motion (NRAP 27) for reconsideration (N.R.C.P. 59(e), 60(b))" [sic]. The Nevada Rules of Civil Procedure apply in mandamus actions to the extent they are not...

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