McKeon v. Crump

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Daniel C. McKeon and Lisa McKeon,
Plaintiffs and Appellants,

v.

Kenneth Crump and Amy S. Crump,
Defendants, Appellees,
and Cross-appellants.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20010121

F I L E D
June 1, 2001 2001 UT App 175  -----

Fourth District, Provo Division
The Honorable Fred D. Howard

Attorneys:
Nelson Abbott, Provo, for Appellants
Richard D. Bradford, Provo, for Appellees

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Before Judges Greenwood, Billings, and Davis.

PER CURIAM:

This matter is before the court on plaintiffs' motion to dismiss defendants' cross-appeal. Defendants' notice of cross- appeal was not filed within fourteen days of plaintiffs' notice of appeal as required by rule 4(d) of the Utah Rules of Appellate Procedure. Defendants filed a timely motion for an extension of time in which to file their cross-appeal, but the trial court has not ruled on the motion. The authority to grant a motion for an extension of time to file a notice of appeal is vested in the trial court alone. See Utah R. App. P. 4(e); Glezos v. Frontier Inv., 896 P.2d 1230, 1233-34 (Utah Ct. App. 1995).

Accordingly, the motion is granted, and the cross-appeal is dismissed. The dismissal is without prejudice to the filing of a new notice of cross-appeal in the event that the trial court grants defendants' motion for extension of time. See Utah R. App. P. 4(e).
 
 

______________________________
Pamela T. Greenwood,
Presiding Judge
 
 

______________________________
Judith M. Billings, Judge
 
 

______________________________
James Z. Davis, Judge