Opinion
No. 59280.
12-09-2011
Ronnie FORD, Appellant, v. The STATE of Nevada Employment Security Division; Cynthia A. Jones, in her capacity as Administrator of the Employment Security Division; Katie Johnson, in her capacity as Chairperson of the Employment Security Division Board of Review; and Republic Services of Southern Nevada, as Employer, Respondents.
Ronnie Ford State of Nevada/DETR
Ronnie Ford
State of Nevada/DETR
ORDER DISMISSING APPEAL
Notice of entry of the district court's July 5, 2011, order was served on appellant by respondent's counsel via U.S. mail on July 21, 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 August 23, 2011. Appellant filed his notice of appeal on September 22, 2011, long 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
The Honorable Robert E. Rose and the Honorable Miriam Shearing, Senior Justices, participated in the decision of this matter under general orders of assignment.
In light of this order, we deny as moot, respondents' motion to dismiss filed on November 29, 2011.
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