Hostetter v. Friel

IN THE UTAH COURT OF APPEALS

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James Hostetter,

Petitioner and Appellant,

v.

Clint Friel, Warden,

Respondent and Appellee.

MEMORANDUM DECISION

(Not For Official Publication)

Case No. 20020734-CA

F I L E D

(February 6, 2003)
 

2003 UT App 29

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Third District, Salt Lake Department

The Honorable Michael K. Burton

Attorneys: James Hostetter, Draper, for Appellant

Mark Shurtleff and Natalie A. Wintch, Salt Lake City, for Appellee

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Before Judges Davis, Orme, and Thorne.

PER CURIAM:

Appellant James Hostetter appeals the denial of a petition for extraordinary relief filed pursuant to rule 65B of the Utah Rules of Civil Procedure. This case is before the court on a sua sponte motion for summary disposition.

A notice of appeal must be filed with the clerk of the trial court "within 30 days after the date of entry of the judgment or order appealed from." Utah R. App. P. 4(a). The date of entry of the final order in this case was July 30, 2002. Hostetter did not file his notice of appeal until September 11, 2002; therefore, the notice of appeal was untimely and did not confer jurisdiction on this court to consider the merits of the appeal. See State v. Johnson, 635 P.2d 36, 37 (Utah 1981).

Accordingly, we grant the sua sponte motion and dismiss the appeal for lack of jurisdiction.

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James Z. Davis, Judge

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Gregory K. Orme, Judge

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William A. Thorne Jr., Judge