-
electronic means, if the party being served consents in writing"). Thus, because notice of entry of the challenged order was served electronically on December 4, 2013, the notice of appeal was required to be filed by January 6, 2014. 1 See NRAP 4(a)(1); NRAP 26(c). Because the notice of appeal was not filed until January 14, 2014, it was untimely, and we therefore lack jurisdiction to consider this appeal. See Healy v. Volkswagenwerk Aktiengesellschaft,
103 Nev. 329, 331,
741 P.2d 432, 433 (1987) (recognizing that an untimely notice of appeal fails to vest jurisdiction in this court). Accordingly, we grant respondents' motion and ORDER this appeal DISMISSED. Poeutuf ' J. p ' kering J. Parraguirre , Saitta 'In their opposition to the motion to dismiss, appellants assert that nonjudicial days are excluded from the calculation of the date that a document is due. But nonjudicial days are only excluded if the period being calculated is less than 11 days. See NRCP 6(a); NRAP 26(a)(2). Thus, nonjudicial days are included in the calculation of when a notice of appeal is due, except to the extent that the due date falls on a nonjudicial day. See NRCP 6; NRAP 4(a)(1); NRAP 26(a)(3). SUPREME COURT OF NEVADA 2 (0) 1947A cc: Hon. Richard Wagner, District Judge Barbara Stremler Michael Stremler Parsons Behle & Latimer/Reno Pershing County Clerk SUPREME COURT OF NEVADA 3 (0) 1947A ea
Document Info
Docket Number: 64820
Filed Date: 5/27/2014
Precedential Status: Non-Precedential
Modified Date: 10/30/2014