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Electronically Filed
Jun 09 2021 12:31 p.m.
Elizabeth A. Brown
Clerk of Supreme Court
IN
THE SUPREME COURT OF THE STATE OF
Supreme Court No. 82559
District Court Case No. 09OC005791B
REZA ZANDIAN, A/K/A GOLAMREZA ZANDIANJAZI, A/K/A GHOLAM REZA ZANDIAN, A/K/A REZA JAZI, A/K/A J. REZA JAZI, A/K/A G. REZA JAZI, A/K/A GHONOREZA ZANDIAN JAZI, AN INDIVIDUAL,
Appellant,
vs.
JED MARGOLIN, AN INDIVIDUAL,
Respondent.
RESPONDENT’S MOTION TO DISMISS APPELLANT’S UNTIMELY APPEAL FOR LACK OF JURISDICTION
Respondent Jed Margolin hereby moves to dismiss Appellant Reza Zandian’s appeal because it was not filed within 33 days after service of Respondent’s Notice of Entry of Order pursuant to NRAP 4(a)(1).
I. BACKGROUND
On January 19, 2021, the First Judicial District Court entered its Order
Granting Plaintiff’s Motion to Void Deeds, Assign Property, For Writ of Execution and to Convey, which is the subject of this appeal. June 9, 2021 Declaration of Matthew D. Francis (“Francis Decl.”), Exhibit 1. On January 22, 2021, Respondent served Appellant with the Notice of Entry of Order of the First Judicial District Court’s Order Granting Plaintiff’s Motion to Void Deeds, Assign Property, For Writ of Execution and to Convey. Francis Decl., Exhibit 2. On February 25, 2021, Respondent filed his Notice of Appeal, which was 34 days after Respondent served the aforementioned Notice of Entry of Order. Francis Decl., Exhibit 3.
II. ARGUMENT
NRAP 4(a)(1) provides in
pertinent part: “[e]xcept as provided in Rule
4(a)(4), a notice of appeal must be filed after entry of a written judgment or
order, and no later than 30 days after the date that written notice of entry of
the judgment or order appealed from is served.”
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524, 134 P.3d 726, 731 (2006);
see also Alvis v. State, 99
Here, Appellant’s Notice of Appeal was filed late – 34 days after service of the Notice of Entry of Order. Francis Decl., Exhibit 3. As such, Appellant failed to comply with NRAP 4(a)(1) and his appeal should be dismissed.
III. CONCLUSION
For all of the foregoing reasons, Respondent’s Motion to Dismiss Appellant’s Untimely Appeal for Lack of Jurisdiction should be granted, and Appellant’s appeal should be dismissed.
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DATED this 9th day of June, 2021.
BROWNSTEIN HYATT FARBER SCHRECK, LLP
By: /s/Matthew D. Francis
Matthew D. Francis
Nevada Bar No. 6978
Arthur A. Zorio
Nevada Bar No. 6547
Telephone: 775.324.4100
Facsimile: 775.333.8171
Email: mfrancis@bhfs.com
azorio@bhfs.com
Attorneys for Respondent JED MARGOLIN
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CERTIFICATE OF SERVICE
Pursuant to NRAP 25(b), I certify that I am an employee of Brownstein Hyatt Farber Schreck, LLP, and on this 9th day of June, 2021, I served the document entitled RESPONDENT’S MOTION TO DISMISS APPELLANT’S UNTIMELY APPEAL FOR LACK OF JURISDICTION on the parties listed below in the manner described below:
Mark Forsberg, Esq.
Rick Oshinski, Esq.
Oshinski & Forsberg, Ltd.
rick@oshinskiforsberg.com
mark@oshinskiforsberg.com
[ ] VIA U.S. MAIL: by placing a true copy thereof enclosed in a sealed envelope with first class postage thereon fully prepaid, in the United States mail at Reno, Nevada as addressed to the foregoing party.
[ ] VIA FACSIMILE: by transmitting to a facsimile machine maintained by the person on whom it is served at the facsimile machine telephone number as last given by that person on any document which he/she has filed in the cause and served on the party making the service. The copy of the document served by the facsimile transmission bears a notation of the date and place of transmission and the facsimile telephone number to which it was transmitted.
[
] VIA COURIER: by delivering a copy of the
document to Federal Express for first priority delivery to the foregoing party
in
[X ] VIA ELECTRONIC SERVICE: by electronically filing the document with the Clerk of the Court using the ECF system which served the foregoing parties electronically:
/s/ Nancy R. Lindsley
Employee of Brownstein Hyatt
Farber Schreck, LLP
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IN
THE SUPREME COURT OF THE STATE OF
Supreme Court No. 82559
District Court Case No. 09OC005791B
REZA ZANDIAN, A/K/A GOLAMREZA ZANDIANJAZI, A/K/A GHOLAM REZA ZANDIAN, A/K/A REZA JAZI, A/K/A J. REZA JAZI, A/K/A G. REZA JAZI, A/K/A GHONOREZA ZANDIAN JAZI, AN INDIVIDUAL,
Appellant,
vs.
JED MARGOLIN, AN INDIVIDUAL,
Respondent.
DECLARATION OF MATTHEW D. FRANCIS
I, Matthew D. Francis, do hereby declare and state as follows:
1. I have personal knowledge of the following facts and if called as a witness I could and would testify competently to them. This declaration is based upon my personal knowledge, and is made in support of Respondent Jed Margolin’s Motion to Dismiss Appellant’s Untimely Appeal for Lack of Jurisdiction.
2. Attached hereto as Exhibit 1 is a true and correct copy of the First Judicial District Court’s Order Granting Plaintiff’s Motion to Void Deeds, Assign Property, For Writ of Execution and to Convey.
3. Attached hereto as Exhibit 2 is a true and correct copy of Respondent’s Notice of Entry of Order of the First Judicial District Court’s Order Granting Plaintiff’s Motion to Void Deeds, Assign Property, For Writ of Execution and to Convey.
4. Attached hereto as Exhibit 3 is a true and correct copy of Appellant’s Notice of Appeal.
I
declare under penalty of perjury pursuant to the laws of the State of
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DATED this 9th day of June, 2021.
BROWNSTEIN HYATT FARBER SCHRECK, LLP
By: /s/ Matthew D. Francis
Matthew D. Francis
Nevada Bar No. 6978
Arthur A. Zorio
Nevada Bar No. 6547
Telephone: 775.324.4100
Facsimile: 775.333.8171
Email: mfrancis@bhfs.com
azorio@bhfs.com
Attorneys for Respondent JED MARGOLIN
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CERTIFICATE OF SERVICE
Pursuant to NRAP 25(b), I certify that I am an employee of Brownstein Hyatt Farber Schreck, LLP, and on this 9th day of June, 2021, I served the document entitled DECLARATION OF MATTHEW D. FRANCIS on the parties listed below in the manner described below:
Mark Forsberg, Esq.
Rick Oshinski, Esq.
Oshinski & Forsberg, Ltd.
rick@oshinskiforsberg.com
mark@oshinskiforsberg.com
[ ] VIA U.S. MAIL: by placing a true copy thereof enclosed in a sealed envelope with first class postage thereon fully prepaid, in the United States mail at Reno, Nevada as addressed to the foregoing party.
[ ] VIA FACSIMILE: by transmitting to a facsimile machine maintained by the person on whom it is served at the facsimile machine telephone number as last given by that person on any document which he/she has filed in the cause and served on the party making the service. The copy of the document served by the facsimile transmission bears a notation of the date and place of transmission and the facsimile telephone number to which it was transmitted.
[
] VIA COURIER: by delivering a copy of the
document to Federal Express for first priority delivery to the foregoing party
in
[X] VIA ELECTRONIC SERVICE: by electronically filing the document with the Clerk of the Court using the ECF system which served the foregoing parties electronically:
/s/ Nancy R. Lindsley
Employee of Brownstein Hyatt
Farber Schreck, LLP
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