Opinion
No. 76016
07-27-2018
IN THE MATTER OF THE GUARDIANSHIP OF THE PERSON AND ESTATE OF LARRY RAGSDALE, AN ADULT FORMER PROTECTED PERSON. LARRY RAGSDALE, Appellant, v. SHANNON ERNST, PUBLIC GUARDIAN, Respondent.
ORDER DISMISSING APPEAL
This is an appeal from a district court order approving the final accounting and report of a guardian. Tenth Judicial District Court, Churchill County; Thomas L. Stockard, Judge.
Our review of the notice of appeal and documents before this court reveals a jurisdictional defect. The notice of appeal appears to have been untimely filed. The district court clerk's office received an undated letter from appellant on May 17, 2018, requesting an appeal of a December 5, 2017, hearing. On May 29, 2018, the district court entered an order construing the May 17 letter as an appeal from the December 5, 2017, Order Approving Final Accounting and Report and a motion for reconsideration of an order entered in separate guardianship case.
Notice of entry of the December 5, 2017, order was served on appellant by mail on December 8, 2017. It appears that appellant's letter was not received in the district court until May 17, 2018, well outside the time to file the notice of appeal. See NRAP 4(a)(1) (a notice of appeal must be filed within 30 days after notice of entry of the order appeal from is served); NRS 159.325 (appeals authorized by NRS Chapter 159 must be filed within 30 days of notice of entry of the challenged order). Accordingly it appears that we lack jurisdiction, see Healy v. Volkswagenwerk, 103 Nev. 329, 331, 741 P.2d 432, 433 (1987) (holding that an appellant's untimely notice of appeal failed to invoke this court's jurisdiction over an appeal), and we
ORDER this appeal DISMISSED.
/s/_________, J.
Pickering /s/_________, J.
Gibbons /s/_________, J.
Hardesty cc: Hon. Thomas L. Stockard, District Judge
Larry Ragsdale
Churchill County District Attorney/Fallon
Churchill County Clerk