Dauwalder nka Roylance v. Dauwalder

----ooOoo----

Mandy Dauwalder
nka Mandy Roylance,
Plaintiff and Appellant,

v.

Tracy Dauwalder,
Defendant and Appellee.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20020039-CA

F I L E D
April 18, 2002 2002 UT App 123 -----

Fourth District, Provo Department
The Honorable Fred D. Howard

Attorneys:
Mandy C. Roylance, Salem, Appellant Pro Se
Tracy L. Dauwalder, Springville, Appellee Pro Se -----

Before Judges Jackson, Bench, and Orme.

PER CURIAM:

Appellant appeals from the district court's denial of her motion to set aside the judgment and order of contempt. This case is before the court on a sua sponte motion for summary dismissal under Rule 10 of the Utah Rules of Appellate Procedure.

Rule 4(a) of the Utah Rules of Appellate Procedure provides that a notice of appeal "shall be filed with the clerk of the court from which the appeal is taken within 30 days after the date of entry of the judgment or order appealed from." In the present case, it is undisputed that the district court denied the motion to set aside the judgment and order of contempt in a signed ruling entered on October 23, 2001. Appellant filed a notice of appeal on December 20, 2001. Clearly, the notice of appeal is untimely because it was filed more than thirty days after the entry of the court's ruling. See Utah R. App. P. 4(a). Consequently, this court does not have jurisdiction over the appeal. See Serrato v. Utah Transit Auth., 2000 UT App 299,¶7, 13 P.3d 616 ("If an appeal is not timely filed, this court lacks jurisdiction to hear the appeal."); Prowswood, Inc. v. Mountain Fuel Supply Co., 676 P.2d 952, 955 (Utah 1984) ("It is axiomatic in this jurisdiction that failure to timely perfect an appeal is a jurisdictional failure requiring dismissal of the appeal.").

Accordingly, the appeal is dismissed for lack of jurisdiction.
 
 

______________________________
Norman H. Jackson,
Presiding Judge
 
 

______________________________
Russell W. Bench, Judge
 
 

______________________________
Gregory K. Orme, Judge