West Jordan City v. Emmertson

----ooOoo----

West Jordan City,
Plaintiff and Appellee,

v.

Benjamin Emmertson,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20000272-CA

F I L E D
July 7, 2000
  2000 UT App 214 -----

Third District, West Valley Department
The Honorable Paul G. Maughan

Attorneys:
Benjamin J. Emmertson, Layton, Appellant Pro Se
Ryan B. Carter, West Jordan City, for Appellee

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Before Judges Greenwood, Davis, and Orme.

PER CURIAM:

A person not satisfied with a judgment rendered in the justice court is entitled to a trial de novo in the district court. See Utah Code Ann. § 78-5-120 (Supp. 1999). The judgment of the district court after trial de novo is final and may not be appealed unless the constitutionality of a statute or ordinance is ruled upon. See id. Appellant has already exercised his constitutional right to appeal the justice court decision, receiving a trial de novo in the district court. Appellant's attempts to pursue an appeal in this court are ineffective under Utah law given that the constitutionality of a statute or ordinance was not ruled upon below. We are without jurisdiction to entertain the appeal and, accordingly, dismiss the appeal. See State v. Hinson, 966 P.2d 273, 276 (Utah Ct. App. 1998).
 
 
 
 

______________________________
Pamela T. Greenwood,
Presiding Judge
 
 
 
 

______________________________
James Z. Davis, Judge
 
 
 
 

______________________________
Gregory K. Orme, Judge