Utah Machine & Mill v. Erickson

Utah Machine & Mill v. Erickson

IN THE UTAH COURT OF APPEALS

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Utah Machine & Mill Supply, Inc.,

Plaintiff and Appellee,

v.

Clarence E. Erickson,

Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20040207-CA
 

F I L E D
(May 27, 2004)
 

2004 UT App 174

 

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Third District, Salt Lake Department

The Honorable Timothy R. Hanson

Attorneys: Clarence E. Erickson, Salt Lake City, Appellant Pro Se

Carvel R. Shaffer and David J. Shaffer, Bountiful, for Appellee

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Before Judges Billings, Greenwood, and Orme.

PER CURIAM:

Clarence Erickson seeks to appeal the trial court's summary judgment in favor of Utah Machine & Mill Supply in a boundary dispute. This case is before the court on its own motion for summary disposition for lack of jurisdiction based on an untimely notice of appeal.

The trial court entered its judgment on January 27, 2004. Erickson filed his notice of appeal thirty-eight days later on March 5, 2004. 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 this court determines that it 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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Judith M. Billings,

Presiding Judge

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Pamela T. Greenwood, Judge

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Gregory K. Orme, Judge