Monnett v. Bitner

Annotate this Case
Monnett v. Bitner. Filed October 7, 1999 IN THE UTAH COURT OF APPEALS


Jim H. Monnett,
Plaintiff and Appellee,


Josie R. Bitner, individually and as
Trustee of Silver Reef Holdings;
and Silver Reef Holdings,
Defendants and Appellants.

(Not For Official Publication)

Case No. 990588-CA

October 7, 1999
  1999 UT App 288 -----

Fifth District, St. George Department
The Honorable James L. Shumate

Weston J. White, St. George, for Appellee


Before Judges Wilkins, Bench, and Billings.


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). The order Bitner seeks to appeal was entered on May 19, 1999. Her notice of appeal was not filed until July 6, 1999, more than 30 days later.(1) Because we have authority to consider timely filed appeals only, we have no alternative but to dismiss Bitner's appeal for lack of jurisdiction.

Michael J. Wilkins,
Presiding Judge

Russell W. Bench, Judge

Judith M. Billings, Judge

1. Bitner faxed a notice of appeal to the trial court on June 22, 1999, but it was not accepted by the trial court. Even if the faxed notice of appeal had been accepted, it too was untimely, filed 34 days after the order sought to be appealed from was entered.