Orem City v. Wilcox

----ooOoo----

Orem City,
Plaintiff and Appellee,

v.

Howard Jason Wilcox,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20010701-CA

F I L E D
March 14, 2002 2002 UT App 76 -----

Fourth District, Orem Department
The Honorable John C. Backlund

Attorneys:
Randy M. Lish, Provo, for Appellant
Michael G. Barker, Orem, for Appellee -----

Before Judges Bench, Orme, and Thorne.

PER CURIAM:

This case is before the court on its own motion for consideration of summary disposition. Appellant filed a response to this court's motion; Appellee did not.

The trial court's "Sentence, Judgment, and Commitment" was entered on March 29, 2001. Appellant's notice of appeal was filed on August 27, 2001, beyond the thirty day limit. See Utah R. App. P. 4(a). Appellant did not seek an extension to file the notice of appeal with the trial court within the thirty day period. See Utah R. App. P. 4(e). Therefore, this court lacks jurisdiction to hear the appeal. When a matter is outside the court's jurisdiction, this court retains only the authority to dismiss the action. See Serrato v. Utah Transit Auth., 2000 UT App 299,¶7, 13 P.3d 616; State v. Palmer, 777 P.2d 521, 522 (Utah Ct. App. 1989); Varian-Eimac v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct. App. 1989).

For the reasons stated above, the sua sponte motion for summary disposition is granted and the appeal is dismissed.
 
 

______________________________
Russell W. Bench, Judge
 
 

______________________________
Gregory K. Orme, Judge
 
 

______________________________
William A. Thorne Jr., Judge