McKeon v. Crump

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McKeon v. Crump, Case No. 20010121-CA, Filed June 1, 2001 IN THE UTAH COURT OF APPEALS


Daniel C. McKeon and Lisa McKeon,
Plaintiffs and Appellants,


Kenneth Crump and Amy S. Crump,
Defendants, Appellees,
and Cross-appellants.

(Not For Official Publication)

Case No. 20010121

June 1, 2001 2001 UT App 175  -----

Fourth District, Provo Division
The Honorable Fred D. Howard

Nelson Abbott, Provo, for Appellants
Richard D. Bradford, Provo, for Appellees


Before Judges Greenwood, Billings, and Davis.


This matter is before the court on plaintiffs' motion to dismiss defendants' cross-appeal. Defendants' notice of cross- appeal was not filed within fourteen days of plaintiffs' notice of appeal as required by rule 4(d) of the Utah Rules of Appellate Procedure. Defendants filed a timely motion for an extension of time in which to file their cross-appeal, but the trial court has not ruled on the motion. The authority to grant a motion for an extension of time to file a notice of appeal is vested in the trial court alone. See Utah R. App. P. 4(e); Glezos v. Frontier Inv., 896 P.2d 1230, 1233-34 (Utah Ct. App. 1995).

Accordingly, the motion is granted, and the cross-appeal is dismissed. The dismissal is without prejudice to the filing of a new notice of cross-appeal in the event that the trial court grants defendants' motion for extension of time. See Utah R. App. P. 4(e).

Pamela T. Greenwood,
Presiding Judge

Judith M. Billings, Judge

James Z. Davis, Judge