UMC Physicians' Bargaining Unit of Nevada Service Employees Union v. Nevada Service Employees Union

Summary

The Nevada Supreme Court dismissed an appeal from an order granting summary judgment because the appellants had filed a timely motion for reconsideration that qualified as a tolling motion under NRAP 4(a)(4). The court held that the notice of appeal filed before resolution of that motion was premature and ineffective to confer jurisdiction.

Holdings

1. A notice of appeal filed after a timely tolling motion is filed but before the district court enters a written order finally resolving that motion is of no effect and does not invoke the Nevada Supreme Court's jurisdiction.

Questions Presented

1. Whether the Nevada Supreme Court had jurisdiction over a notice of appeal filed after entry of written judgment but while a timely motion for reconsideration qualifying as a tolling motion remained unresolved.
2. Whether the appeal should be dismissed as premature under NRAP 4(a)(4) and NRAP 4(a)(6).

Disposition

dismissed