Brooks v. Haun

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Brooks v. Haun, Case No. 20000842-CA, Filed January 25, 2001 IN THE UTAH COURT OF APPEALS


Vear Brooks,
Petitioner and Appellant,


Pete Haun,
Respondent and Appellee.

(Not For Official Publication)

Case No. 20000842-CA

January 25, 2001 2001 UT App 20 -----

Third District, Salt Lake Department
The Honorable J. Dennis Frederick

Vear Brooks, Draper, Appellant Pro Se -----

Before Judges Jackson, Bench, and Davis.


This court moved sua sponte for summary disposition of this appeal on the ground that the court lacked jurisdiction.

The trial court's order dismissing petitioners' request for postconviction relief was entered on August 4, 2000. The notice of appeal was filed on September 25, 2000. Rule 4(a) of the Utah Rules of Appellate Procedure provides that a notice of appeal must be filed within 30 days of entry of the judgment or order appealed from. When a timely notice of appeal is not filed, this court simply does not have jurisdiction to consider an appeal, whether or not an appellant has received notice that a final order has been entered. See, e.g., Glezos v. Frontier Inv., 896 P.2d 1230, 1233 (Utah Ct. App. 1995); State v. Johnson, 635 P.2d 36, 37 (Utah 1981); Utah R. Civ. P. 58A(c) and (d).

Accordingly, it is hereby ordered that the appeal is dismissed.

Norman H. Jackson,
Associate Presiding Judge

Russell W. Bench, Judge

James Z. Davis, Judge