Olsen v. DWS

Olsen v. DWS

IN THE UTAH COURT OF APPEALS

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Val A. Olsen,

Petitioner,

v.

Department of Workforce Services, Workforce Appeals Board,

Respondent.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20040211-CA

F I L E D

(June 17, 2004)

2004 UT App 208

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Original Proceeding in this Court

Attorneys: Val A. Olsen, Sandy, Petitioner Pro Se

Michael R. Medley, Salt Lake City, for Respondent

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Before Judges Bench, Greenwood, and Orme.

PER CURIAM:

This case is before the court on its own motion for summary dismissal for lack of jurisdiction as result of an untimely petition for review. See Utah R. App. P. 10. The final appealable agency order, a denial of Petitioner Olsen's request for reconsideration, issued February 11, 2004. Olsen filed his petition for judicial review in this court on March 15, 2004, beyond the thirty-day deadline for filing. See Utah Code Ann. § 63-46b-14(3)(a)(2003); Utah R. App. P. 14(a).

The failure to timely file a petition for judicial review deprives this court of jurisdiction to consider the matter. See Silva v. Department of Employment Sec., 786 P.2d 246, 247 (Utah Ct. App. 1990). When the court determines that a matter is outside its jurisdiction, it "retains only the authority to dismiss the action." Varian-Eimac, Inc. v. Lamoreaux, 767 P.2d
569, 570 (Utah Ct. App. 1998). Accordingly, we dismiss the petition.

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Russell W. Bench,

Associate Presiding Judge

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Pamela T. Greenwood, Judge

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Gregory K. Orme, Judge