Lundahl v. Qwest Commun.

Lundahl v. Qwest Commun.

IN THE UTAH COURT OF APPEALS

----ooOoo----

Holli Lundahl,

Appellant,

v.

Qwest Communications Corp. and Does 1 through 20,

Appellees.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20020748-CA
 

F I L E D
(September 18, 2003)
 

2003 UT App 315

 

-----

Fourth District, Provo Department

The Honorable Steven L. Hansen

Attorneys: Holli Lundahl, Orem, Appellant Pro Se

Gregory B. Monson and Ted D. Smith, Salt Lake City, for Appellee Qwest Communications Corp.

-----

Before Judges Jackson, Greenwood, and Orme.

PER CURIAM:

This case is before the court on a sua sponte motion for summary dismissal for lack of jurisdiction. Although the motion gave notice that this appeal might be dismissed if Appellant Holli Lundahl failed to file a memorandum in response, she did not respond to the motion. Appellee Qwest Communications Corp. supports summary dismissal.

Although Lundahl is pro se, she is "charged with full knowledge and understanding of all relevant statutes, rules, and case law." Lundahl v. Quinn, 2003 UT 11,¶5, 67 P.3d 1000 (per curiam). In the present case, the same day Lundahl filed a notice of appeal, Marti Telford and Lundahl filed a notice of assignment in the district court. However, neither Telford nor Lundahl has filed a motion to substitute Lundahl as a party for Telford or to join Lundahl as a party in the action. See Utah R. Civ. P. 25(c). Until Lundahl is made a party, the right to appeal is vested in Telford. See Lundahl, 2003 UT 11 at ¶12 n.10. Because Lundahl was not a party when she filed her notice of appeal, this court lacks jurisdiction to consider her appeal. Cf. Overturf v. University of Utah Med. Ctr., 1999 UT 3,¶5, 973 P.2d 413. "When a matter is outside the court's jurisdiction it retains only the authority to dismiss the [matter]." Varian-Eimac, Inc. v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct. App. 1989).

Accordingly, Lundahl's appeal is dismissed.

______________________________

Norman H. Jackson,

Presiding Judge

______________________________

Pamela T. Greenwood, Judge

______________________________

Gregory K. Orme, Judge