Anderson v. Mangum

Anderson v. Mangum, Case No. 981410-CA, Filed October 1, 1998. MEMORANDUM DECISION (Not for Official Publication)   IN THE UTAH COURT OF APPEALS

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Kimberly Troy Anderson, 
Plaintiff and Appellee, 

v. 

James Maynard Mangum, 
Defendant and Appellant. 

Case No. 981410-CA

F I L E D
(October 1, 1998) -----  

Third District, Salt Lake Department

The Honorable Homer F. Wilkinson

Attorneys: James Maynard Mangum, Appellant Pro Se

Scott E. Williams, American Fork, for Appellee -----  

Before Judges Davis, Wilkins, and Orme.

PER CURIAM:

This case is before the court on a sua sponte motion for summary dismissal on the ground that this court lacks jurisdiction to consider the appeal. Pursuant to Utah R. App. P. 4(a) a notice of appeal must be filed "with the clerk of the trial court within 30 days after the date of entry of the judgment or order appealed from." According to the record, the Decree of Divorce was entered on October 16, 1997. Appellant's Motion to Set Aside the Decree was not filed until February 27, 1998, and thus did not toll the time limit for filing a notice of appeal from the original decree. See Utah R. Civ. P. 52(b), 59(b) and 59(e); Utah R. App. P. 4(b). The trial court entered an order denying appellant's Motion to Set Aside the decree on April 24, 1998. Appellant filed a notice of appeal from the trial court's order denying his Motion to Set Aside the decree on July 21, 1998, more than thirty days after the date of entry of the order. Because appellant's notice of appeal was not timely filed, we have no alternative but to dismiss the appeal for lack of jurisdiction. Silva v. Department of Employment Sec., 786
 
 

P.2d 246, 247 (Utah Ct. App. 1990); Varian-Eimac v. Lamoreaux, 267 P.2d 869 (Utah Ct. App. 1989).
 

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James Z. Davis,

Presiding Judge
 

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Michael J. Wilkins,

Associate Presiding Judge

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Gregory K. Orme, Judge