Opinion
No. 65900
10-13-2014
MARIA PINO, Appellant, v. JP MORGAN CHASE BANK, N.A.; MTC FINANCIAL INC. D/B/A TRUSTEE CORPS, INC. Respondents.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 proper person appeal from a district court order denying a petition for judicial review in a Foreclosure Mediation Program matter. On September 10, 2014, respondent JP Morgan Chase Bank, N.A., filed a motion to dismiss this appeal, arguing that appellant's notice of appeal was untimely filed and that this court therefore lacks jurisdiction over this appeal. Having considered the motion and the documents submitted to this court, we agree that the notice of appeal was untimely filed. Specifically, notice of entry of the district court's May 7, 2014, order was served on appellant via U.S. mail on May 13. Since service of the notice of entry was by mail, appellant had 33 days from the date of service to file her notice of appeal. See NRAP 4(a)(1); NRAP 26(c). Thus, appellant had until June 16, 2014, to file her notice of appeal. Because appellant did not file her notice of appeal until June 17, 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
We recognize that the district court docket contains a subsequent order entered on May 14, 2014. But because the May 7 order disposed of the entire underlying matter, and because the May 14 order did not alter any of the rights and obligations set forth in the May 7 order, the May 14 order was superfluous and cannot serve as a basis for rendering this appeal timely. Campos-Garcia v. Johnson, 130 Nev. ___, ___, 331 P.3d 890, 891 (2014).
ORDER this appeal DISMISSED.
/s/_________, J.
Pickering
/s/_________, J.
Parraguirre
/s/_________, J.
Saitta
cc: Hon. Kathleen E. Delaney, District Judge
Maria Pino
Smith Larsen & Wixom
Malcolm Cisneros/Las Vegas
Eighth District Court Clerk