Drew v. Manpower of S. Nev., Inc.

Lynne & Associates

This is a proper person appeal from a district court order denying a petition for judicial review. Eighth Judicial District Court, Clark County; David Wall, Judge.

Notice of entry of the district court's order was served on appellant by respondent's counsel via U.S. mail on September 8, 2010. Because 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). Appellant's notice of appeal was therefore due to be filed in the district court on or before October 11, 2010. Appellant filed her notice of appeal on November 23, 2010. Since appellant's notice of appeal was untimely filed, we lack jurisdiction to consider this appeal. See Healy v. Volkswagenwerk, 103 Nev. 329, 331, 741 P.2d 432, 433 (1987) (noting that an untimely notice of appeal fails to vest jurisdiction in this court). Also, while appellant's notice of appeal refers to a November 8, 2010, order denying a motion to alter or amend, the district court docket entries do not reflect any such order or even that such a motion was filed. Accordingly, we

ORDER this appeal DISMISSED.

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