Kruitbosch v. State of Utah

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Gary Taylor Kruitbosch,
Petitioner and Appellant,

V.

Michael R. Sibbett, et al.,
Respondents and Appellees.

AMENDED MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20000362-CA

F I L E D
(December 29, 2000) 2000 UT App 382

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Third District, Salt Lake Department
The Honorable Timothy R. Hanson
 

Attorneys:
Gary Taylor Kruitbosch, Appellant Pro Se
Jan Graham and James H. Beadles, Salt Lake City, for Appellee

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Before Judges Jackson, Billings, and Orme.

PER CURIAM:

Petitioner objected to the court's Memorandum Decision entered on September 28, 2000 dismissing his appeal. As grounds for his objection, petitioner claimed that the decision was "illegal" because it was incorrectly captioned and because it was decided in part by Judge Gregory K. Orme. He further asserted that the court erred in dismissing his appeal for lack of jurisdiction. We disagree.

There has been confusion regarding the appropriate caption for this appeal. To alleviate the confusion, this decision's caption conforms to the caption most frequently used by the trial court. This decision's use of a caption different from the one used in our September 28, 2000 decision does not impact the legality of either decision.

The presiding judge rejected petitioner's objection to Judge Orme's participation in an order issued November 28, 2000, and we find no merit in petitioner's jurisdictional claim. Accordingly, we affirm our September 28, 2000 decision concluding that

petitioner's notice of appeal was not timely filed and that we are without jurisdiction to consider this appeal.

IT IS HEREBY ORDERED that the appeal is dismissed.
 
 
 

______________________________
Norman H. Jackson,
Associate Presiding Judge
 
 
 

______________________________
Judith M. Billings, Judge
 
 
 

______________________________
Gregory K. Orme, Judge