Barnett v. SLC Corp.

IN THE UTAH COURT OF APPEALS

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Patrick O. Barnett,

Plaintiff and Appellant,

v.

Salt Lake City Corporation,

Defendant and Appellee.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20030719-CA
 

F I L E D
(June 4, 2004)
 

2004 UT App 190

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Third District, Salt Lake Department

The Honorable Steven L. Henriod

Attorneys: Patrick O. Barnett, West Valley City, Appellant Pro Se

J. Wesley Robinson, Salt Lake City, for Appellee

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Before Judges Bench, Davis, and Jackson.

PER CURIAM:

Patrick Barnett seeks to appeal the trial court's denial of his motion to reopen his case against Salt Lake City Corporation (SLCC). This case is before the court after full briefing. However, based on review of the entire record, and the jurisdictional issue identified by SLCC, it has become apparent that this court lacks jurisdiction over this appeal and therefore must dismiss it. The lack of jurisdiction may be raised at any time. See A.J. Mackay Co. v. Okland Constr. Co., 817 P.2d 323, 325 (Utah 1991).

The trial court entered its order denying Barnett's motion on August 4, 2003. Barnett filed his notice of appeal thirty-one days later, on September 4, 2003. Pursuant to rule 4 of the Utah Rules of Appellate Procedure, notices of appeal must be filed within thirty days after the entry of the judgment appealed. See Utah R. App. P. 4(a). If an appeal is not timely filed, this court lacks jurisdiction to hear the appeal. See Serrato v. Utah Transit Auth., 2000 UT App 299,¶7, 13 P.2d 616. Once it is determined that this court lacks jurisdiction, this court "retains only the authority to dismiss the action." Varian-Eimac, Inc. v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct. App. 1989).

Accordingly, we dismiss this appeal.

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Russell W. Bench,

Associate Presiding Judge

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James Z. Davis, Judge

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Norman H. Jackson, Judge