BMC West Corp. v. Mauri

BMC West Corp. v. Mauri

IN THE UTAH COURT OF APPEALS
 

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BMC West Corporation, a Delaware corporation,

Plaintiff and Appellee,

v.

Brett Mauri, an individual,

Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20040482-CA
 

F I L E D
(October 15, 2004)
 

2004 UT App 363

 

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Third District, Salt Lake Department

The Honorable Stephen L. Henriod

Attorneys: Brett Mauri, Big Sky, Montana, Appellant Pro Se

Russell S. Walker, David R. Williams and David A. Nill, Salt Lake City, for Appellee

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Before Judges Bench, Davis, and Orme.

PER CURIAM:

This case is before the court on Appellee's and this court's motions for summary dismissal because of lack of jurisdiction. See Utah R. App. P. 10. A default judgment was entered against Mauri on November 4, 2003. Mauri filed a motion to set aside the default judgment pursuant to rule 60(b) of the Utah Rules of Civil Procedure. The motion was denied and judgment was entered in favor of BMC West on April 1, 2004.

Mauri did not file a notice of appeal until June 2, 2004, well beyond thirty days after entry of the final judgment. See Utah R. App. P. 4(a). If an appeal is untimely filed, this court lacks jurisdiction to hear the appeal. See Serrato v. Utah Transit Auth., 2000 UT 299,¶7, 13 P.3d 616. Moreover, once this court has determined that it lacks jurisdiction, it "retains only the authority to dismiss the action." Varaian-Eimac, Inc. v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct. App. 1998).

Accordingly, the appeal is 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