Pleasant Grove v. Gedo

----ooOoo----

Pleasant Grove City,
Plaintiff and Appellee,

v.

Miguel David Gedo,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20010284-CA

F I L E D
August 23, 2001 2001 UT App 249  -----

Fourth District, Provo Department
The Honorable Donald J. Eyre, Jr.

Attorneys:
Brook J. Sessions, Provo, for Appellant -----

Before Judges Bench, Davis, and Thorne.

PER CURIAM:

Appellant appeals his conviction of "Abandoned/Inoperable Vehicle," a class B misdemeanor. This case is before the court on a sua sponte motion for summary dismissal.

This case originated in the Pleasant Grove Justice Court. Appellant appealed and obtained a trial de novo in Fourth District Court. Appellant filed the present appeal from the district court's judgment after the trial de novo.

Utah Code Ann. § 78-5-120 (Supp. 2000) provides that no appeal may be taken from the judgment after trial de novo unless the court rules on the constitutionality of a statute or ordinance. In all other cases, the judgment after trial de novo is final and not appealable.

The judgment entered by the district court does not contain a ruling on the constitutionality of a statute or ordinance, and the record does not contain any motion seeking such a ruling. Appellant has not provided a transcript; therefore, there is no proof that the trial court made any oral ruling on the constitutionality of a statute or ordinance. Under the circumstances, there is no record support establishing that the district court made any ruling that would serve as the prerequisite to this court's appellate jurisdiction. Appellant did not respond to the sua sponte motion, and did not assert jurisdiction under section 78-5-120 in his docketing statement.

The appeal is dismissed for lack of jurisdiction.
 
 

______________________________
Russell W. Bench, Judge
 
 

______________________________
James Z. Davis, Judge
 
 

______________________________
William A. Thorne, Jr., Judge