Crowley v. State

IN THE UTAH COURT OF APPEALS
 

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Scott M. Crowley,

Petitioner and Appellant,

v.

State of Utah,

Respondent and Appellee.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20040332-CA
 

F I L E D
(November 12, 2004)
 

2004 UT App 414

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Third District, Salt Lake Department

The Honorable Stephen L. Henriod

Attorneys: Scott M. Crowley, San Rafael, California, Appellant Pro Se

Mark L. Shurtleff and Sharel S. Reber, Salt Lake City, for Appellee

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Before Judges Bench, Davis, and Orme.

PER CURIAM:

    This case is before the court on its own motion for summary dismissal for lack of jurisdiction based on an untimely notice of appeal. See Utah R. App. P. 10. Appellant has also filed a motion for an extension of time to file a notice of appeal pursuant to rule 4(e) of the Utah Rules of Appellate Procedure.

    The trial court dismissed Appellant Crowley's petition for extraordinary relief on September 22, 2003. Crowley did not file a notice of appeal until April 2, 2004, well beyond thirty days after issuance of the final order. See Utah R. App. P. 4(a). Crowley's notice of appeal was, therefore, untimely and this court lacks jurisdiction to consider the appeal. See Serrato v. Utah Transit Auth., 2000 UT 299,¶7, 13 P.3d 616. When a court lacks jurisdiction it "retains only the authority to dismiss the action." Varian-Eimac, Inc. v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct. App. 1989).

    Crowley has requested an extension of time to file a notice of appeal pursuant to rule 4(e) of the Utah Rules of Appellate Procedure. This court lacks the authority to extend the time for filing a notice of appeal. See Glezos v. Frontier Invs., 896 P.2d 1230, 1233 (Utah Ct. App. 1995). The request must be filed in the district court. Even assuming it had been filed in the district court, an extension can only be granted if requested within thirty days of the original thirty day period afforded a litigant to file a notice of appeal. See Utah R. App. P. 4(a). Because this court lacks the authority to grant an extension of time to file a notice of appeal, and Crowley's request was untimely, the request for an extension to file the notice of appeal is denied.

    The appeal is summarily dismissed for lack of jurisdiction.

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Russell W. Bench,

Associate Presiding Judge

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James Z. Davis, Judge

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Gregory K. Orme, Judge