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Mitchell v. Nye Cnty.

SUPREME COURT OF THE STATE OF NEVADA
Feb 10, 2015
No. 67184 (Nev. Feb. 10, 2015)

Opinion

No. 67184

02-10-2015

KARL MITCHELL; AND RAYMOND V. MIELZYNSKI, Appellants, v. NYE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF NEVADA, Respondent.


An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order granting summary judgment in a zoning dispute. Fifth Judicial District Court, Nye County, Kimberly A. Wanker, Judge.

The district court entered its order on November 19, 2014, and notice of entry of that order was served by mail on November 20, 2014. Because the notice was served by mail, appellants had 33 days from the date of service to file the notice of appeal. See NRAP 4(a)(1); NRAP 26(c); Winston Prods. Co. v. DeBoer, 122 Nev. 517, 134 P.3d 726 (2006). Thus, appellants had until December 26, 2014, to file their notices of appeal. Because appellants did not file their notices of appeal until December 30, 2014, we lack jurisdiction to consider this appeal. See Healy v. Volkswagenwerk Aktiengesellschaft, 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

ORDER this appeal DISMISSED.

/s/_________, J.

Saitta

/s/_________, J.

Gibbons

/s/_________, J.

Pickering
cc: Hon. Kimberly A. Wanker, District Judge

Karl Mitchell

Raymond V. Mielzynski

Nye County District Attorney

Nye County Clerk


Summaries of

Mitchell v. Nye Cnty.

SUPREME COURT OF THE STATE OF NEVADA
Feb 10, 2015
No. 67184 (Nev. Feb. 10, 2015)
Case details for

Mitchell v. Nye Cnty.

Case Details

Full title:KARL MITCHELL; AND RAYMOND V. MIELZYNSKI, Appellants, v. NYE COUNTY, A…

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Feb 10, 2015

Citations

No. 67184 (Nev. Feb. 10, 2015)