Powell v. Iwasaki

IN THE UTAH COURT OF APPEALS

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Daniel B. Powell,
Petitioner,

v.

Honorable Glenn Iwasaki and Commissioner Thomas Arnett,
Respondents.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20010861-CA

F I L E D
(November 29, 2001)

2001 UT App 362

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Original Proceeding in this Court

Attorneys:
Daniel B. Powell, New York, Petitioner Pro Se
Brent M. Johnson, Salt Lake City, for Respondents

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Before Judges Greenwood, Jackson, and Davis.

PER CURIAM:

Petitioner pro se Daniel B. Powell requests extraordinary relief pursuant to Rule 65B of the Utah Rules of Civil Procedure. Initially, Petitioner was represented by counsel in the underlying paternity case. The parties entered into a stipulated settlement. Petitioner filed an objection to the settlement and the Commissioner held a hearing. The Commissioner denied the request to rescind the settlement, citing the fact that he would not grant visitation because Petitioner is in custody. However, the Commissioner modified his order to allow written visitation. The Commissioner also allowed counsel to withdraw during this hearing. Petitioner filed an objection to the Commissioner's findings in the district court. No action has taken place on Petitioner's objections since they were filed on December 12, 2000.

A petition for extraordinary relief will only be granted when no other plain, speedy, and adequate remedy is available. Utah R. Civ. P. 65B(a) (2000). Petitioner failed to file notice to submit for decision in this matter, thereby notifying the court that action was necessary. See Utah Code Jud. Admin. R. 4-501 (Supp. 2001). Because Petitioner has an available remedy in district court, this petition for extraordinary relief is dismissed without prejudice to Petitioner seeking relief once he has exhausted all available remedies.

Respondents also argue that Petitioner's objections to the Commissioner's findings were not filed timely within ten days of the findings. See Utah Code Jud. Admin. R. 6-401 (2000). Because we determine that Petitioner has a plain, speedy, and adequate remedy available, we do not address this issue.

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Pamela T. Greenwood, Presiding Judge

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Norman H. Jackson, Associate Presiding Judge

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James Z. Davis, Judge