Summary
The Supreme Court of Nevada dismissed Ricky Nolan’s pro se appeal as untimely. The court determined that notice of entry of the district court’s order was mailed on August 19, 2021, making the September 23, 2021 filing deadline applicable, while Nolan’s earliest notice of appeal was not filed until October 4, 2021.
Topics
Practice areas
Questions Presented
- Whether the notices of appeal were timely when notice of entry of the challenged order was mailed on August 19, 2021.
- Whether the Supreme Court had jurisdiction when the earliest notice of appeal was filed after the applicable appeal period expired.
- Whether the date appellant received the notice of entry, rather than the date it was mailed, controlled calculation of the appeal period.
Holdings
- Service by mail is complete upon mailing, and the appeal period begins when notice of entry of the order is served by mailing.
- The date an appellant actually receives notice of entry is irrelevant when determining the start of the appeal period; the period runs from service of the notice.
- An untimely notice of appeal deprives the Supreme Court of jurisdiction, requiring dismissal of the appeal.
Key quotations
“Because the notice of appeal was untimely filed, this court lacks jurisdiction to consider this appeal” (3)
Factual background
The district court dismissed Nolan's complaint and denied his motions for appointment of counsel and reconsideration. Notice of entry of the August 11, 2021, order was stated to have been served by mail on August 19, 2021. Nolan filed four notices of appeal more than 33 days later and disputed whether notice had been timely mailed, but the district court's response, based on witness testimony, established that the notice was mailed on August 19.
Procedural history
The Eighth Judicial District Court, Clark County, entered the challenged order on August 11, 2021. After remanding for a factual determination concerning whether notice of entry had been mailed, the Supreme Court construed the district court's response as finding that notice was mailed on August 19, 2021. Because appellant's earliest notice of appeal was not filed until October 4, 2021, the Supreme Court dismissed the appeal for lack of jurisdiction.