Rukavina v. Rukavina

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Michelle Joyce Rukavina
nka Michelle Joyce Van Durenv,
Plaintiff and Appellee,

v.

John Allen Rukavina,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20000875-CA

F I L E D
January 5, 2001 2001 UT App 6 -----

Third District, Salt Lake Department
The Honorable Sandra N. Peuler

Attorneys:
John Allen Rukavina, Salt Lake City, Appellant Pro Se
Martin S. Tanner, Salt Lake City, for Appellee

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Before Judges Greenwood, Davis, and Thorne.

PER CURIAM:

This appeal is before the court on appellee's Motion for Summary Disposition and for Attorney's Fees.

In a letter dated October 13, 2000, this court advised appellant that the docketing statement was due on October 11, 2000, as required by Rule 9 of the Utah Rules of Appellate Procedure. Accordingly, the letter advised appellant that the docketing statement must be filed with this court within ten days of October 13, 2000. Appellant failed to file the docketing statement, and appellee moved this court for summary disposition of the appeal on several grounds, including failure to file a docketing statement within the time required by the rule and this court's notice. Appellee's motion again advised appellant of his default in perfecting his appeal by filing a docketing statement.

Based upon appellant's failure to file his docketing statement within the time permitted by Rule 9, or as extended in this court's notice, we conclude that the appeal must be dismissed for failure to prosecute. See Utah R. App. P. 3(a) ("Failure of an appellant to take any step other than the timely filing of a notice of appeal does not affect the validity of the appeal, but is ground only for such action as the appellate court deems appropriate, which may include dismissal of the appeal or other sanctions short of dismissal, as well as the award of attorney fees."). Our disposition of the appeal on this basis makes it unnecessary to consider the alternative grounds for disposition asserted in appellee's motion.

Accordingly, we grant the motion to dismiss the appeal and award attorney fees, and remand this case to the trial court for determination of the amount of costs and attorney fees reasonably incurred by appellee in responding to the appeal.
 
 
 

______________________________
Pamela T. Greenwood,
Presiding Judge
 
 
 

______________________________
James Z. Davis, Judge
 
 
 
 

______________________________
William A. Thorne, Jr., Judge