Tomms v. Bd of Pardons

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Tomms v. State Board of Pardons, Case No. 20010678-CA, F I L E D November 23, 2001



Elli J. Tomms,
Petitioner and Appellant,


State Board of Pardons and Parole,
Respondent and Appellee.

(Not For Official Publication)

Case No. 20010678-CA

(November 23, 2001)

2001 UT App 359


Third District, Salt Lake Department
The Honorable Frank G. Noel

Attorneys: Elli J. Tomms, Gunnison, Appellant Pro Se
Mark L. Shurtleff and Sharel S. Reber, Salt Lake City, for Appellee


Before Judges Greenwood, Jackson, and Davis.


This case is before the court on respondent's motion for summary dismissal on the grounds that this court lacks jurisdiction due to an untimely filed notice of appeal. See Utah R. App. P. 10(a)(1). Petitioner did not file a response to the motion.

Rule 4(a) of the Utah Rules of Appellate Procedure provides that "the notice of appeal . . . shall be filed with the clerk of the trial court within 30 days after the date of entry of the judgment or order appealed from." In this case, the district court entered the order denying the petition for extraordinary relief on January 20, 2000. Petitioner filed a notice of appeal on July 10, 2001, over a year after the court entered the final order. "If an appeal is not timely filed, this court lacks jurisdiction to hear the appeal." Serrato v. Utah Transit Auth., 2000 UT App 299,¶7, 13 P.3d 616; see also In re M.S., 781 P.2d 1287, 1288 (Utah Ct. App. 1989) ("In determining whether a notice of appeal is timely filed and establishes jurisdiction in an appellate court, this court must be bound by the filing date indicated on the notice of appeal transmitted to it by the trial court."). Consequently, because petitioner filed his notice of appeal more than thirty days after the entry of the final judgment, this court lacks jurisdiction over the appeal.

Respondent's motion for summary dismissal is granted and the appeal is dismissed for lack of jurisdiction.


Pamela T. Greenwood, Presiding Judge

Norman H. Jackson, Associate Presiding Judge

James Z. Davis, Judge