Stremler v. Lincoln ( 2014 )


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  •                 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Precedential Status: Non-Precedential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