Hendrikx v. State of Utah , et al.

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Gordon Hendrikx,
Plaintiff and Appellant,

v.

State of Utah, Salt Lake City,
South Salt Lake City, and West Valley City,
Defendants and Appellees.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20010337-CA

F I L E D
June 7, 2001 2001 UT App 189 -----

Third District, Salt Lake Department
The Honorable Tyrone E. Medley

Attorneys:
Gordon Hendrikx, West Valley City, Appellant Pro Se
H. Craig Hall, Andrew M. Morse, and Heather S. White, Salt Lake City, for Appellees

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Before Judges Greenwood, Billings, and Davis.

PER CURIAM:

On December 15, 2000, the trial court entered an order dismissing Hendrikx's lawsuit. Pursuant to Rule 4(a) of the Utah Rules of Appellate Procedure, Hendrikx was required to file a notice of appeal within thirty days of December 15th. Because Hendrikx failed to file a timely notice of appeal, we lack jurisdiction to consider his objections to the trial court's December 15th order.

Two months after his case was dismissed, Hendrikx filed several pleadings with the trial court in an attempt to resurrect his case. In a February 27, 2001 minute entry, the trial court rejected these attempts: [Hendrikx's] Notice of Claim by Default, Notice of Claim and Notice of Judgment documents have been reviewed by the court and determined to be without merit because these documents raise the same issues the court has previously ruled upon. [Appellees] are not required to respond to these documents and [Hendrikx] is instructed to file no further pleadings in this court. Hendrikx then filed a notice of appeal which is date-stamped twice by the trial court, once on March 16, 2001, and again on April 10, 2001. Regardless of whether Hendrikx filed a timely notice of appeal from the trial court's February 27th order, we conclude his appeal of that order is without merit.

Accordingly, we dismiss Hendrikx's appeal from the December 15, 2000 order for lack of jurisdiction and affirm the trial court's February 27, 2001 order.
 

______________________________
Pamela T. Greenwood,
Presiding Judge
 
 

______________________________
Judith M. Billings, Judge
 
 

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James Z. Davis, Judge