Hill v. Allred, et al.

Hill v. Allred, et al.

IN THE UTAH COURT OF APPEALS

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Virginia Hill,

Plaintiff and Appellee,

v.

John C. Putvin; James E. Sandmire; Owen A. Allred; Dennis E. Matthews; Jeffrey J. Norman; J. Lamoine Jenen; Corporation of the Presiding Elder of the Apostolic United Brethren; Communities of the United Brethern; Big Valley Credit Union; Jensen Lumber Corp., Inc.; Eco Development; Diamond Auto Specialties, Inc.; Diamond Recreational Rentals, Inc.; Pacific Rim Mortgage Brokers, Inc.; John Galt, and Associates, Inc.; and John d'Anaconia Galt (dba),

Defendants and Appellants.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20030601-CA
 

F I L E D
(November 14, 2003)
 

2003 UT App 390

 

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Fourth District, Nephi Department

The Honorable Donald J. Eyre Jr.

Attorneys: Michael W. Crippen, Salt Lake City, for Appellant

James E. Sandmire

John C. Putvin, Bingham Canyon, Appellant Pro Se

Clark R. Nielsen, Salt Lake City, for Appellee

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Before Judges Billings, Davis, and Orme.

PER CURIAM:

This case is before the court on its own motion for consideration of summary dismissal on the basis that this court lacks jurisdiction due to an untimely notice of appeal. The trial court's final amended order issued on June 24, 2003. Appellant Putvin filed a notice of appeal in the trial court on March 6, 2003. Appellant Sandmire filed a notice of appeal in the trial court on July 22, 2003. Putvin's notice of appeal was filed prior to the final order and thus was premature and untimely. Sandmire's notice of appeal was filed after the final order, but before ruling on post-judgment motions that were pending at the time the notice of appeal was filed.

Timely post-judgment motions suspend the time for filing a notice of appeal. See Utah R. App. P. 4(b). A notice of appeal filed before disposition of any post-judgment motion shall have no effect and a new notice of appeal must be filed within thirty days of an order disposing of the post-judgment motion[s]. See Utah R. App. P. 4(b). Therefore, Sandmire's notice of appeal was also filed prematurely and untimely.

Because the notices of appeal were untimely, this court lacks jurisdiction. 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 without prejudice to the timely filing of a notice of appeal in accordance with rule 4 of the Utah Rules of Appellate Procedure.

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Judith M. Billings,

Associate Presiding Judge

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James Z. Davis, Judge

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William A. Thorne Jr., Judge