Beaujeu v. Dai

IN THE UTAH COURT OF APPEALS

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Jeffrey M. Beaujeu dba A-1 Cut & Core,
Plaintiff and Appellee,

v.

Chung-Ji and Chung Chu Dai and John and/or Jane Does 1 to 10,
Defendants and Appellants.

MEMORANDUM DECISION

(Not For Official Publication)
 

Case No. 20030104-CA
 

F I L E D
(July 10, 2003)
 

2003 UT App 245

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Third District, Salt Lake Department

The Honorable Stephen L. Henriod

Attorneys: Chung-Ji Dai, Salt Lake City, Appellant Pro Se

Wayne H. Braunberger, Sandy, for Appellee

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Before Judges Jackson, Greenwood, and Orme.

PER CURIAM:

Appellant Chung-Ji Dai appeals from a judgment foreclosing on a mechanics lien and awarding money damages, costs, and attorney fees. This case is before the court on a sua sponte motion to dismiss the appeal for lack of jurisdiction.

On July 30, 2001, the district court entered its Findings of Fact, Conclusions of Law, and Judgment. The district court entered an additional order on October 30, 2001, denying objections to the attorney fees affidavit and stating that "[t]he Judgment previously submitted . . . shall be entered forthwith." Appellant filed a notice of appeal on January 27, 2003.

The notice of appeal was not timely filed after entry of the final judgment on July 30, 2001. See Utah R. App. P. 4(a) (providing that a notice of appeal must be filed with the trial court clerk within thirty days after entry of the judgment being appealed). Similarly, even if the October 30, 2001 order is deemed to have extended the time for appeal, the notice of appeal was filed over one year after entry of that order. "Failure to file a timely notice of appeal deprives this court of jurisdiction over the appeal." Reisbeck v. HCA Health Servs. of Utah, Inc., 2000 UT 48,¶5, 2 P.3d 447.

Once a court has concluded that it lacks jurisdiction, it "retains only the jurisdiction to dismiss the action." Varian-Eimac, Inc. v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct. App. 1998). Accordingly, we dismiss the appeal for lack of jurisdiction.

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Norman H. Jackson,

Presiding Judge

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Pamela T. Greenwood, Judge

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Gregory K. Orme, Judge