Jackson v. Haley (Child Custody)

IN THE SUPREME COURT OF THE STATE OF NEVADA

PENNY ANN JACKSON, No. 71012 Appellant, vs.

FIL rzn EDWARD EARL HALEY, Respondent.

OCT 2 0 2016 ELIZAEETH A. CROWN CLERK OF ,SUPRTIME COURT ----- DEPUTY CLERK)

ORDER DISMISSING APPEAL This is a pro se appeal from an divorce decree. Eighth Judicial District Court, Family Court Division, Clark County; Denise L. Gentile, Judge. Our review of the documents submitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, the notice of appeal appears to be untimely filed under NRAP 4(a) because it appears that it was filed more than thirty days after service of written notice of entry of the judgment or order. See NRAP 4(a)(1); NRAP 26(c). The divorce decree was entered on May 24, 2016, and written notice of entry was served by mail on appellant on May 26, 2016. Accordingly, the deadline to file the notice of appeal was June 30, 2016. See NRAP 4(a)(1); NRAP 26(a)(3); NRAP 26(c). However, appellant did not sign the notice of appeal until July 13, 2016, and did not file it until August 5, 2016; well past the deadline. Because an untimely notice of appeal fails to vest jurisdiction in this court, see Healy v. Volkswagen werk Aktiengesellschaft,

SUPREME COURT OF NEVADA

(0) 1947A e

103 Nev. 329, 741 P.2d 482 (1987), we conclude that we lack jurisdiction, and we ORDER this appeal DISMISSED.

Cherry

) J. Douglas

cc: Hon. Denise L. Gentile, District Judge, Family Court Division Penny Ann Jackson Cuthbert Mack Chtd. Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 (0) 1947A 4161ffilrA