Ogden City v. Layton

IN THE UTAH COURT OF APPEALS

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Ogden City,
Plaintiff and Appellee,

v.

Robert Layton,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20030192-CA
 

F I L E D
(June 12, 2003)
 

2003 UT App 193

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Second District, Ogden Department

The Honorable Parley R. Baldwin

Attorneys: Robert Layton, Salt Lake City, Appellant Pro Se

Michael S. Junk, Ogden, for Appellee

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Before Judges Jackson, Billings, and Greenwood.

PER CURIAM:

This case is before the court on its own motion for summary disposition on the basis of lack of jurisdiction and that the issues presented for review are so insubstantial as to not merit further review. See Utah R. App. P. 10. Layton filed a response to the court's notice, Ogden City did not.

A notice of appeal must be filed in the trial court within thirty days of entry of the final order. See Utah R. App. P. 4. Judgment, Sentence, and Conviction for a seat belt violation was entered in this matter by the trial court on January 2, 2003. Layton filed his notice of appeal in the trial court on March 5, 2003, beyond thirty days. Therefore, the notice of appeal is untimely. When a notice of appeal is untimely filed, this court retains only the authority to dismiss. See Varian-Eimac, Inc. v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct. App. 1989). Moreover, because this court lacks jurisdiction, we do not address the

question of whether the issues presented for appeal are so insubstantial as to not merit further consideration.

The appeal is dismissed.

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Norman H. Jackson,

Presiding Judge

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Judith M. Billings,

Associate Presiding Judge

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Pamela T. Greenwood, Judge