McEntire v. State Retrmnt Bd

McEntire v. State Retrmnt Bd

IN THE UTAH COURT OF APPEALS

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Kelly S. McEntire,

Petitioner,

v.

Utah State Retirement Board,

Respondent.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20030908-CA

F I L E D

(June 17, 2004)

2004 UT App 202

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Original Proceeding in this Court

Attorneys: Kelly S. McEntire, Huntsville, Petitioner Pro Se

Kevin A. Howard, Daniel D. Andersen, and David B. Hansen, Salt Lake City, for Respondent

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Before Judges Bench, Greenwood, and Orme.

PER CURIAM:

This case is before the court on its own motion for summary disposition on alternative grounds that this court lacks jurisdiction because of an untimely petition for review, or that the issues presented are so insubstantial as to not merit further consideration. See Utah R. App. P. 10. We need not reach the issue of whether the questions presented are insubstantial because the matter can be resolved on jurisdictional grounds.

The order denying Petitioner's request for reconsideration issued from the Utah State Retirement Board (Board) on August 21, 2003. That order notified Petitioner that any appeal to this court must be filed within thirty days of issuance of the order. See Utah Code Ann. § 63-46b-14(3)(a); Utah R. App. P. 14(a). This court has no authority to extend the time for filing. We note that the letter of October 16, 2003, which Petitioner claims misled him, was not even sent until after the thirty day period identified in the August 21, 2003, order had expired. Failure to timely file a petition for review deprives this court of jurisdiction. See Silva v. Department of Workforce Services , 786 P.2d 246, 247 (Utah Ct. App. 1990). Because the petition for review was untimely, this court lacks jurisdiction over the appeal and must dismiss. See Varian-Eimac, Inc. v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct. App. 1998).

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Russell W. Bench,

Associate Presiding Judge

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Pamela T. Greenwood, Judge

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Gregory K. Orme, Judge