Opinion
No. 77350
12-21-2018
AUDIE G. LEVENTHAL, Appellant, v. MARGARET PICKARD, ESQ., D/B/A MARGARET PICKARD, PLLC; AND DR. MELISSA F. KALODNER, PSY.D., Respondents.
ORDER DISMISSING APPEAL
This is an appeal from a district court judgment in a breach of contract action. Eighth Judicial District Court, Clark County; Joanna Kishner, Judge.
Our review of the documents submitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, the notice of appeal appears to be untimely filed under NRAP 4(a) because it appears that it was filed more than 30 days after service of written notice of entry of the judgment or order. See NRAP 4(a)(1); NRAP 26(c). An untimely notice of appeal fails to vest jurisdiction in this court. See Healy v. Volkswagenwerk Aktiengesellschaft, 103 Nev. 329, 331, 741 P.2d 432, 433 (1987). Accordingly, we conclude that we lack jurisdiction, and we
The challenged order was filed in district court on June 7, 2018. Written notice of entry of the challenged order was served on appellant, via electronic means, on June 8, 2018. Appellant's notice of appeal was not filed in district court until October 30, 2018, well outside the 30-day appeal period. See NRAP 4(a)(1); NRCP 6(e). Additionally, it appears that the district court's January 31, 2018, order was the final judgment in this matter. See Campos-Garcia v. Johnson, 130 Nev. 610, 611-12, 331 P.3d 890, 891 (2014) (indicating that the final judgment is the first order that adjudicates all rights and liabilities; subsequent judgments that do not modify settled legal rights and obligations are not appealable). Appellant filed a timely appeal from the January 31, 2018, order, which was dismissed as abandoned. Leventhal v. Pickard, Docket No. 75266 (Order Dismissing Appeal, Sept. 24, 2018).
ORDER this appeal DISMISSED.
/s/_________, J.
Pickering /s/_________, J.
Gibbons /s/_________, J.
Hardesty cc: Hon. Joanna Kishner, District Judge
Audie G. Leventhal
Parry & Pfau
Eighth District Court Clerk