Chateau Foret v. Whiteley

IN THE UTAH COURT OF APPEALS

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Chateau Foret Homeowners Association,

Plaintiff and Appellee,

v.

John M. Whiteley,

Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20040197-CA
 

F I L E D
(May 27, 2004)
 

2004 UT App 173

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Third District, Salt Lake Department

The Honorable William B. Bohling

Attorneys: John M. Whiteley, Provo, Appellant Pro Se

Barry N. Johnson and Ryan B. Braithwaite, Salt Lake City, for Appellee

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Before Judges Billings, Greenwood, and Orme.

PER CURIAM:

John Whiteley seeks to appeal the trial court's denial of his motion to set aside a default judgment entered against him. This case is before the court on its own motion for summary disposition based on the lack of a substantial question for review. However, based on review of the entire record, it has become apparent that this court lacks jurisdiction over this appeal, and must therefore dismiss it.

The trial court entered its order denying Whiteley's motion on January 28, 2004. Whiteley filed his notice of appeal thirty-five days later on March 3, 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