Wood v. Green

IN THE UTAH COURT OF APPEALS
 

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Bob Wood,

Plaintiff and Appellee,

v.

Iletta R. Green,

Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20041078-CA
 

F I L E D
(February 17, 2005)
 

2005 UT App 72

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Second District, Bountiful Department

The Honorable Glen R. Dawson

Attorneys: Iletta R. Green, Bountiful, Appellant Pro Se

Thor B. Roundy, Salt Lake City, for Appellee

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Before Judges Billings, Greenwood, and Thorne.

PER CURIAM:

    Iletta R. Green appeals from a judgment entered on October 19, 2004, by the district court. Green filed her notice of appeal on November 19, 2004. This case is before the court on its own motion for summary dismissal for lack of jurisdiction due to the failure to file a timely notice of appeal.

    A notice of appeal must be filed "with the clerk of the trial court within 30 days after the date of entry of the judgment or order appealed from." Utah R. App. P. 4(a). If an appeal is not timely filed, this court lacks jurisdiction to hear the appeal, and must dismiss. See Serrato v. Utah Transit Auth., 2000 UT App 299,¶7, 13 P.3d 616.

    Green was required to file her notice of appeal thirty days after the October 19 judgment was entered. Her notice of appeal was filed on November 19, after the appeal time had run.
Therefore, this court lacks jurisdiction over the appeal. See id.

    Accordingly, we must dismiss this appeal.

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Judith M. Billings,

Presiding Judge

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Pamela T. Greenwood, Judge

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William A. Thorne Jr., Judge