Munsell v. DWS and Convergys

Munsell v. DWS and Convergys

IN THE UTAH COURT OF APPEALS

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Yvonne B. Munsell,
Petitioner,

v.

Department of Workforce Services, Workforce Appeals Board; and Convergys Customer Management,
Respondents.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20020909-CA
 

F I L E D
(March 13, 2003)
 

2003 UT App 74

 

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Original Proceeding in this Court

Attorneys: Yvonne B. Munsell, Hurricane, Petitioner Pro Se

Suzan Pixton, Salt Lake City, for Respondents

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Before Judges Bench, Davis, and Thorne.

PER CURIAM:

This case is before the court on a sua sponte motion for summary disposition. See Utah R. App. P. 10(a)(1). Yvonne Munsell seeks judicial review of the Workforce Appeals Board's final decision issued on October 3, 2002.

"The timely filing of a petition for judicial review of [a Workforce Appeals Board] decision is jurisdictional." Silva v. Department of Employment Sec., 786 P.2d 246, 247 (Utah Ct. App. 1990) (per curiam). Munsell filed her petition for review in this court on November 5, 2002. In this case, the thirty day period for filing a petition for review expired on Saturday, November 2, 2002. Therefore, Munsell actually had until Monday, November 4, 2002 to file a timely petition for review. However, Munsell's petition for review, filed on Tuesday, November 5, 2002, is untimely. Consequently, this court lacks jurisdiction to consider the petition for review and must dismiss the petition for lack of jurisdiction. See Varian-Eimac, Inc. v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct. App. 1989) ("When a matter is outside the court's jurisdiction it retains only the authority to dismiss the action.").

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

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Russell W. Bench, Judge

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James Z. Davis, Judge

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William A. Thorne Jr., Judge