Opinion
No. 58105.
12-09-2011
Raymond V. AMAYA, Appellant, v. The STATE of Nevada EMPLOYMENT SECURITY DIVISION; Cynthia A. Jones, in her Capacity as Administrator; and Katie Johnson, in her Capacity as Chairwoman for the Board of Review, Respondents.
Raymond V. Amaya J. Thomas Susich
Raymond V. Amaya
J. Thomas Susich
ORDER DISMISSING APPEAL
Notice of entry of the district court's February 24, 2011, order was served on appellant by respondents' counsel via U.S. mail on February 28, 2011. Because service of the notice of entry was by mail, appellant had 33 days from the date of service to file his notice of appeal. See NRAP 4(a)(1) ; NRAP 26(c). Appellant's notice of appeal was therefore due to be filed in the district court on or before April 4, 2011. Appellant filed his notice of appeal on April 5, 2011, one day after the 33–day period for filing his notice of appeal had run. Since appellant's notice of appeal was untimely filed, we lack jurisdiction to consider this appeal. See Healy v. Volkswagenwerk, 103 Nev. 329, 331, 741 P.2d 432, 433 (1987) (noting that an untimely notice of appeal fails to vest jurisdiction in this court). Accordingly, we
In light of this order, we deny all pending motions as moot.
The Honorable Robert E. Rose and the Honorable Miriam Shearing, Senior Justices, participated in the decision of this matter under general orders of assignment.
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